Thomson v Australia and New Zealand Banking Group Limited

[2024] QCA 73

Queensland Court of Appeal

Built by Barristers,
For Australian Law.

See how it works

Interrogate

Catchwords

1. Corporations
2. › Statutory demands
3. › Application to set aside statutory demand
4. › Genuine dispute as to existence of debt
5. › Whether contemporaneous documents supported existence of concluded agreement
6. › Corporations Act 2001 (Cth), ss 459G, 459H
1. Practice and Procedure
2. › Uniform Civil Procedure Rules 1999 (Qld)
3. › Consent adjournments
4. › Whether filing of consent adjournment under r 30 constitutes a 'step' in the proceeding for purposes of r 389
5. › Uniform Civil Procedure Rules 1999 (Qld), rr 5, 30, 389
1. Practice and Procedure
2. › Apprehended bias
3. › Judge's participation in public law school event at offices of party's solicitors
4. › Whether fair-minded lay observer might reasonably apprehend bias
5. › Whether Charisteas v Charisteas distinguishable
1. Appeal and New Trial
2. › Exercise of discretion
3. › Whether discretion affected by error of the type identified in House v The King
4. › Refusal of adjournment
5. › Application under r 371(2) UCPR

Quick Take

Consent adjournments filed under r 30 UCPR constitute 'steps' in the proceeding for the purposes of r 389, so that an application under r 389(2) is unnecessary where such adjournments have been filed.