Bisnovaty v Matchland Pty Ltd

[2019] QCA 241

Queensland Court of Appeal

Built by Barristers,
For Australian Law.

See how it works

Interrogate

Catchwords

1. Practice and Procedure
2. › Civil proceedings in state and territory courts
3. › Court supervision
4. › Want of prosecution or lack of progress
5. › Strike out of claim
6. › Factors relevant to exercise of discretion
7. › Whether order striking out claim was unreasonable or plainly unjust
8. › Uniform Civil Procedure Rules 1999 (Qld), rr 5, 280, 374
1. Appeal
2. › Standard of appellate review
3. › Appeal from discretionary judgment
4. › Whether discretion miscarried
5. › [name withheld] v The King principles
6. › Whether order unreasonable or plainly unjust

Quick Take

An admission of liability does not preclude a strike-out for want of prosecution where the quantum of the claim remains substantially in issue and the plaintiff has deliberately failed to comply with court orders directed to quantum, has provided no assurance of future compliance, and has been personally responsible for serious delays in the prosecution of the claim.

Case Details

Citation[2019] QCA 241

CourtQCA

JurisdictionQueensland

Unlock so much more with Barrister AI

The full text is available to signed-in members.

Relies on3

2008Ward v Wiltshire Australia P/L & AnorQCA 93
2000Tyler v Custom Credit Corp Ltd & OrsQCA 178
1936House v RHCA 40

Create free account

Already have an account? Sign in