Amos v Wiltshire

[2014] QCA 218

Queensland Court of Appeal

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Interrogate

Catchwords

1. Appeal
2. › Practice and procedure
3. › Powers of court
4. › Orders set aside or varied
5. › Order made in absence of party
6. › Whether solicitor's error justifies setting aside order
7. › Whether party contributed to error
8. › Whether triable issues raised
9. › Uniform Civil Procedure Rules 1999 (Qld), r 667(2)(a)
1. Appeal
2. › Practice and procedure
3. › Right of appeal
4. › Appeal only in relation to costs
5. › Whether appeal raising apprehended bias is appeal 'only in relation to costs'
6. › Supreme Court of Queensland Act 1991 (Qld), s 64(1)
1. Practice and Procedure
2. › Bias
3. › Apprehended bias
4. › Whether allegation of apprehended bias goes to validity of trial rather than merely costs
5. › Whether appeal raising bias requires leave as costs-only appeal

Quick Take

An appeal raising allegations of apprehended bias against the primary judge is not an appeal 'only in relation to costs' within s 64(1) of the Supreme Court of Queensland Act 1991 (Qld), even where the order under appeal is a costs order, because apprehended bias goes to the validity and acceptability of the trial and its outcome. Where an appellate order is made in a party's absence due to solicitor error to which the party did not contribute, the order may be set aside under r 667(2)(a) UCPR subject to appropriate costs orders, provided there are triable issues and no irretrievable prejudice.