Robertson v Vlahos & Anor

[2011] QCA 243

Queensland Court of Appeal

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Interrogate

Catchwords

1. Practice and Procedure
2. › Summary judgment
3. › No real prospect of success
4. › Contract claim based on illegality
5. › Whether primary judge erred in granting summary judgment
6. › Uniform Civil Procedure Rules 1999 (Qld), r 293
1. Practice and Procedure
2. › Abuse of process
3. › Relitigation of factual findings
4. › Issue previously determined in proceedings between party and third party
5. › Whether relitigation of factual finding from Magistrates Court proceedings constituted abuse of process
1. Contract
2. › Illegality
3. › Contract to defeat statutory seizure of animals
4. › Whether contract unenforceable by reason of illegality
5. › Animal Care and Protection Act 2001 (Qld), ss 142, 144, 149
1. Appeal
2. › Fresh evidence on appeal
3. › Whether leave should be granted to adduce further evidence
4. › Evidence relating to factual finding previously determined adversely to appellant

Quick Take

A contract entered into for the purpose of defeating a lawful statutory seizure of animals is unenforceable by reason of illegality as it constitutes tampering within the meaning of s 149 of the Animal Care and Protection Act 2001 (Qld). The Stenhouse factors for assessing abuse of process by relitigation were applied but the Court declined to reach a concluded view on that ground.