DISTRICT COURT OF QUEENSLAND
CITATION:
Advanced Air Conditioning Pty Ltd v Katim Pty Ltd & Ors [2004] QDC 180
PARTIES:
ADVANCED AIR CONDITIONING PTY LTD (ACN 090 028 747)
Applicant
v
CHARLES AQUILINA
Respondent
FILE NO/S:
4845/2001
DIVISION:
Civil
PROCEEDING:
Application
ORIGINATING COURT:
District Court, Brisbane
DELIVERED ON:
10 June 2004
DELIVERED AT:
Brisbane
HEARING DATE:
21 May 2004
JUDGE:
Shanahan DCJ
ORDER:
Conditionally allow the applicant to file an amended application
CATCHWORDS:
CONTEMPT OF COURT – Where there was an allegation that the respondent had committed contempt by disobeying a court order
DEFECTIVE APPLICATION – Where the proceedings in relation to the contempt were commenced by way of application – Where the application did not nominate the factual elements of the allegation or the correct statutory basis of the charge – Whether the application was a nullity – Whether the District Court had jurisdiction to cure the defect – Whether the applicant should be granted leave to amend the original application – Whether the proposed amendment was valid
Cases cited:
Cameron v Cole (1943) 63 CLR 571
Consolidated Press Ltd v McRae (1955) 93 CLR 325
Dow v Attorney General (1980) Qd R 58
Hafele (Aust) Pty Ltd v Maggbury Pty Ltd [2000] QCA 397
McGroarty v Clauson (1989) 167 CLR 251
R v Cook; ex parte Twigg (1980) 147 CLR 15
Stone v ACE-I.R.M. Insurance Broking Pty Ltd (2004) 1 Qd R 173
Statutes cited:
District Court Act 1967 (Qld): s 129
Trade Practices Act 1974 (Cth)
Uniform Civil Procedure Rules 1999 (Qld): rr 5, 371, 375, 377, 925, 926
COUNSEL:
Mr M Amerena for the applicant
Mr M Brady for the respondent
SOLICITORS:
McLaughlin Ivey for the applicant
Walters & Co for the respondent
This matter arises out of an application which calls for the punishment of the respondent, Charles Aquilina, for an alleged contempt of court.
The application, filed on 24 March 2004, reads in the relevant part:
“…the applicant is applying… for the following…:
1. That the [respondent] be punished for contempt of court pursuant to Rule 925 of the Uniform Civil Procedure Rules…”
This bare allegation of contempt is not then further particularised on the face of the application itself.
The matter came before me on 21 May 2004 for hearing. At that time the applicant sought leave to file an amended application which purported to particularise the alleged contempt pursuant to the requirements of r 926(1) Uniform Civil Procedure Rules 1999 (Qld) (“UCPR”). That rule states:
“926 Procedure under div 3
(1) A person applying for punishment of a contempt must file an application specifying the alleged contempt.”
The respondent objected to the amendment being filed on the basis that the original application amounted to a nullity and therefore could not be amended. The respondent also took issue with the proposed amendment because, in the respondent’s submission, it still failed to properly particularise the alleged contempt.
Although counsel for the respondent suggested that I should first hear evidence on…
Keep reading for free
Create a free CaseChat account to read Advanced Air Conditioning Pty Ltd v Katim Pty Ltd and more:
- Read every judgment in full
- Ask AI and get answers linked to paragraphs
- See how each paragraph was cited in later cases
- Download judgments as PDF or Word
One click creates your free account or signs you in.
By continuing you agree to the Terms and Privacy Policy.
- Case
- [2004] QDC 180
- Decision Date
CaseChat Overview and Summary
The Court found that the original application was a nullity as it did not provide the necessary details to enable Katim to respond to the allegations. However, the Court had jurisdiction to cure the defect as it was an inherent power. The Court also found that the applicant should be granted leave to amend the original application as the proposed amendment was valid and would enable Katim to respond to the allegations. The Court conditionally allowed the applicant to file an amended application.
The Court's decision was based on the principle that a court has inherent jurisdiction to cure procedural defects in an application. The Court also found that the proposed amendment was valid as it provided the necessary details to enable Katim to respond to the allegations. The Court's decision was in line with the case law on the inherent jurisdiction of courts to cure procedural defects. The Court also found that the applicant had acted reasonably in seeking to cure the defect in the original application.
Orders
Orders of the court
Conditionally allow the applicant to file an amended application
Background
Background to the litigation
Full text does not contain this section.
Evidence
Evidence Before The Court
Full text does not contain this section.
Decision
Reasons for decision
Full text does not contain this section.
Ratio Decidendi
Legal Principle Established
Full text does not contain this section.