Thompson v Cavalier King Charles Spaniel Rescue (Qld) Inc & Anor

[2023] QCA 21

Queensland Court of Appeal

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Interrogate

Catchwords

1. Appeal
2. › Practice and procedure
3. › Notice of appeal
4. › Compliance with rules
5. › Requirement to state grounds briefly and specifically
6. › Whether revised notice of appeal complied with r 747(1)(b) UCPR
7. › Whether leave to file revised notice should be refused
8. › Uniform Civil Procedure Rules 1999 (Qld), r 747(1)(b)
1. Appeal
2. › Practice and procedure
3. › Summary dismissal of appeal
4. › Jurisdiction to bring vexatious appeal to summary end
5. › Whether appeal should be dismissed after repeated failure to comply with rules
6. › Uniform Civil Procedure Rules 1999 (Qld), rr 371(2)(f), 766(1)(a)

Quick Take

A notice of appeal that states argument, submissions and speculation rather than briefly and specifically identifying grounds of material error in the determinative aspects of the primary judge's reasoning does not comply with r 747(1)(b) UCPR. A cosmetic restructuring (such as adding columns headed 'Briefly' and 'Specifically') without substantive improvement will not cure non-compliance. After repeated failures to comply, the Court of Appeal may summarily dismiss the appeal under its inherent jurisdiction and r 371(2)(f) UCPR.