A Court of Appeal will not entertain a notice of contention seeking summary judgment on a statutory ground (here, s 26C of the Public Service Act 2008 (Qld)) where no application for summary judgment was made on that basis at first instance, particularly where the discretion sought to be exercised on appeal (r 293 summary judgment) is different from the discretion actually invoked below (r 69 removal of parties), the appellant would be deprived of a right of appeal, and the Court lacks the current pleadings necessary to assess the application. The respondents conceded that s 25 of the [name withheld] Act 1984 (Qld) does not provide immunity from claims of malicious prosecution or malfeasance in public office, but this was not judicially determined.
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