Mango Boulevard P/L v Spencer & Ors

[2008] QCA 274

Queensland Court of Appeal

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Interrogate

Catchwords

1. Practice and Procedure
2. › Abuse of process
3. › Failure to comply with disclosure obligations
4. › Guillotine order
5. › Whether abuse of process finding extends to issues not directly affected by disclosure failures
6. › Uniform Civil Procedure Rules 1999 (Qld), r 225
1. Practice and Procedure
2. › Abuse of process
3. › Striking out defence and counter-claim
4. › Whether court entitled to strike out entire pleading where disclosure failures relate to only some issues
5. › Uniform Civil Procedure Rules 1999 (Qld), r 72, r 225
1. Estoppel
2. › Res judicata
3. › Default judgment
4. › Whether judgment entered pursuant to guillotine order gives rise to res judicata
5. › Whether default judgments are decisions on the merits for purposes of res judicata
1. Estoppel
2. › Res judicata
3. › Scope of estoppel arising from default judgment
4. › Whether default judgments must be scrutinised with extreme particularity to ascertain bare essentials of what was necessarily decided

Quick Take

A party's persistent failure to comply with disclosure obligations may justify striking out the entire defence and counter-claim as an abuse of process, even where the disclosure failures relate directly to only some of the pleaded issues. A judgment entered pursuant to a self-executing guillotine order is capable of giving rise to res judicata, though it must be scrutinised with extreme particularity to ascertain the bare essentials of what was necessarily decided. A successor trustee takes subject to any estoppels or claims against the predecessor trustee.