Colston v McMullen

[2011] QCA 2

Queensland Court of Appeal

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Interrogate

Catchwords

1. Appeal
2. › Practice and procedure
3. › Stay of proceedings
4. › Stay of order dismissing proceedings
5. › Whether any utility in staying dismissal order
6. › Whether costs order should be stayed
1. Appeal
2. › Practice and procedure
3. › Notice of appeal
4. › Requirements
5. › Prolix and non-compliant notice of appeal
6. › Whether constituting abuse of process
7. › Uniform Civil Procedure Rules 1999 (Qld), r 747
1. Appeal
2. › Practice and procedure
3. › Further evidence on appeal
4. › Whether evidence available at trial with reasonable diligence
5. › Public interest in finality of litigation
1. Practice and Procedure
2. › Abuse of process
3. › Seeking same relief in different proceedings simultaneously
4. › Whether constituting abuse of process

Quick Take

There is usually no utility in staying an order that merely dismisses proceedings, as a successful appeal will set aside the order. A court will not fetter a trustee's exercise of discretion, particularly without the consent of all beneficiaries. Seeking the same relief in parallel proceedings in the same jurisdiction may constitute an abuse of process. A notice of appeal that is prolix, obscure, argumentative and scurrilous, and fails to comply with UCPR r 747, may itself constitute an abuse of process.