Browning & Anor v Australia and New Zealand Banking Group Limited

[2014] QCA 43

Queensland Court of Appeal

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Interrogate

Catchwords

1. Practice and Procedure
2. › Default judgment
3. › Jurisdiction of registrar to enter default judgment
4. › Mixed claims including recovery of possession of livestock
5. › Whether claim for recovery of possession of livestock fell within UCPR rr 283-287
6. › Whether registrar had jurisdiction
7. › Uniform Civil Procedure Rules 1999 (Qld), rr 283-288
1. Practice and Procedure
2. › Default judgment
3. › Setting aside default judgment
4. › Irregular judgment
5. › Whether irregularly entered default judgment must be set aside ex debito justitiae
6. › Uniform Civil Procedure Rules 1999 (Qld), r 290
1. Appeal
2. › Interference with discretion of court below
3. › Failure to exercise discretion
4. › Whether primary judge failed to have regard to non-compliance with rules
5. › Whether discretion miscarried

Quick Take

Where a claim includes recovery of possession of chattels (such as livestock) alongside claims for debt and recovery of possession of land, the claim does not fall within UCPR rr 283-287 and default judgment must be obtained under r 288 from a judge, not a registrar. A default judgment entered by a registrar without jurisdiction is irregular and will be set aside. The distinction between 'detention of goods' (r 285) and 'recovery of possession' of goods is material to the registrar's jurisdiction.