Amos v Wiltshire

[2018] QCA 208

Queensland Court of Appeal

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Interrogate

Catchwords

1. Appeal
2. › Leave to appeal
3. › District Court to Court of Appeal
4. › Whether leave required
5. › Whether order interlocutory or final
6. › Whether proceedings relate to property
7. › District Court of Queensland Act 1967 (Qld), s 118(2), (3)
1. Appeal
2. › Leave to appeal
3. › District Court to Court of Appeal
4. › Transitional provisions
5. › Whether enforcement warrant application is separate proceeding or incidental to principal proceedings
6. › Civil and Criminal Jurisdiction Reform and Modernisation Amendment Act 2010 (Qld), s 55
1. Practice and Procedure
2. › Enforcement of judgments
3. › Enforcement warrants
4. › Amendment of warrant
5. › Whether court has power under UCPR r 371 and r 375 to amend enforcement warrant
6. › Whether non-compliance with r 817 renders warrant a nullity
7. › Uniform Civil Procedure Rules 1999 (Qld), rr 5, 371, 375, 817
1. Practice and Procedure
2. › Mootness
3. › Whether appeal rendered moot by payment of amount the subject of the defect
4. › Discretion to decline to hear appeal where nothing to be gained

Quick Take

Rule 371 of the UCPR applies to enforcement warrants issued under r 817, so that non-compliance with r 817 (such as a miscalculation of daily interest) is an irregularity that can be cured by amendment, not a defect rendering the warrant a nullity. An application for an enforcement warrant is an incidental proceeding to the principal proceeding, not a separate proceeding, for the purposes of transitional provisions governing amendments to appeal rights.