Gott v Toogood & Anor

[2019] QCA 8

Queensland Court of Appeal

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For Australian Law.

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Interrogate

Catchwords

1. Practice and Procedure
2. › Abuse of process
3. › Filing of proceedings in breach of undertaking to court
4. › Application for leave to appeal as 'further proceeding'
5. › Whether application should be struck out
6. › Vexatious Proceedings Act 2005 (Qld), ss 5, 6
7. › Uniform Civil Procedure Rules 1999 (Qld), r 8
1. Practice and Procedure
2. › Construction of court orders
3. › Whether resort may be had to transcript of hearing to construe orders
4. › Order to be construed on its face as self-contained document
5. › Limited exceptions for ambiguity or susceptibility to more than one meaning
1. Practice and Procedure
2. › Costs
3. › Indemnity costs
4. › Whether indemnity costs appropriate where proceedings filed in breach of undertaking to court

Quick Take

An application for leave to appeal constitutes a 'further proceeding' within the meaning of an undertaking not to file further proceedings without prior leave, by operation of r 8 of the UCPR. Filing such an application in breach of an undertaking to the court is an abuse of process warranting striking out and indemnity costs, without prejudice to the right to refile if leave is subsequently obtained.