Reserve Vault Pty Ltd v Barrier Reef Arts Pty Ltd & Ors

[2011] QCA 216

Queensland Court of Appeal

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Interrogate

Catchwords

1. Practice and Procedure
2. › Stay of proceedings
3. › Stay pending appeal
4. › Delivery up of chattels
5. › Whether arguable case on appeal
6. › Whether irretrievable prejudice if stay not granted
7. › Lien over goods
1. Practice and Procedure
2. › Security for costs
3. › Appeal
4. › Whether respondent to appeal would be unable to satisfy adverse costs order
5. › Quantum of security
1. Practice and Procedure
2. › Summary judgment
3. › Setting aside
4. › Whether prerequisite to show reasonable explanation for non-attendance at hearing
5. › Whether discretion under rules of court may be fettered by judge-made conditions
6. › Uniform Civil Procedure Rules 1999 (Qld), r 302

Quick Take

A court exercising discretion under r 302 of the Uniform Civil Procedure Rules 1999 (Qld) to set aside summary judgment is not required to impose a prerequisite that the applicant provide a reasonable explanation for failure to attend the summary judgment hearing. The conclusion to the contrary in GEL Custodians Pty Ltd v RQ Consultants Pty Ltd [2010] QSC 181 was disapproved.