Ashton & Anor v Dorante & Anor

[2012] QCA 175

Queensland Court of Appeal

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Interrogate

Catchwords

1. Practice and Procedure
2. › Pleadings
3. › Strike out for failure to disclose reasonable cause of action
4. › Material facts
5. › Requirement to plead causative link between alleged wrong and loss
6. › Uniform Civil Procedure Rules 1999 (Qld), rr 149, 171
1. Practice and Procedure
2. › Judges
3. › Disqualification for interest or bias
4. › Apprehended bias
5. › Whether remarks by judge about state of pleadings gave rise to apprehended bias
6. › Whether employment by government created conflict
1. Appeal
2. › Admission of further evidence
3. › Whether additional evidence relevant to grounds of appeal
1. Practice and Procedure
2. › Summary judgment
3. › Whether defendant had no real prospect of successfully defending claim
4. › Contested issues of credibility
5. › Uniform Civil Procedure Rules 1999 (Qld), r 292

Quick Take

Section 23(2) of the Supreme Court of Queensland Act 1991 is an enabling provision that permits a judge to complete a hearing already embarked upon notwithstanding retirement; it does not require the same judge to hear all subsequent interlocutory applications in the life of a matter. A pleading that fails to plead a causative link between the alleged wrong and the loss claimed, and fails to plead facts sufficient to overcome a statutory immunity, discloses no reasonable cause of action and is liable to be struck out under r 171 of the UCPR.