Ant Projects Pty Ltd v Brooks

[2019] QCA 259

SUPREME COURT OF QUEENSLAND

CITATION:

Ant Projects Pty Ltd v Brooks & Ors [2019] QCA 259

PARTIES:

ANT PROJECTS PTY LTD ACN 089 585 642 as trustee for YEUNG INVESTMENTS
ABN 90 121 074 228
(respondent/applicant)
v
MORGAN ASHLEIGH BROOKS
(not a party to the appeal/not a party to the application)
RICHARD WILLIAM AULSEBROOK
(second appellant/second respondent)
MORGAN BROOKS DIRECT PTY LTD
ACN 112 625 288
(third appellant/third respondent)

FILE NO/S:

Appeal No 6492 of 2019
Appeal No 6494 of 2019
DC No 767 of 2017

DIVISION:

Court of Appeal

PROCEEDING:

Application to Strike Out
Application for Security for Costs

ORIGINATING COURT:

District Court at Brisbane – [2019] QDC 81 (Andrews SC DCJ)

DELIVERED ON:

20 November 2019

DELIVERED AT:

Brisbane

HEARING DATE:

30 October 2019

JUDGE:

Morrison JA

ORDERS:

1.   Grounds 1-20 and 22-25 of the Notice of Appeal filed 1 October 2019 are struck out.

2.   The appellants may not file an amended Notice of Appeal except with the prior leave of a judge of the Supreme Court.

3.   The respondents to the application to strike out pay the applicant’s costs of the application.

4.   The application for security for costs is refused.

5.   The applicant is to pay the respondent’s costs of the application for security for costs.

CATCHWORDS:

APPEAL AND NEW TRIAL – APPEAL – PRACTICE AND PROCEDURE – QUEENSLAND – POWERS OF COURT – OTHER MATTERS – where the first notice of appeal was struck out – where the orders were without prejudice to another notice of appeal being filed – where a second notice of appeal was filed after the deadline they were given – where the applicant seeks to strike out the notice of appeal – whether the notice of appeal discloses an arguable error on the part of the primary judge – whether there is the potential of an abuse of process – whether the notice of appeal should be struck out

Doherty v Liverpool Hospital (1991) 22 NSWLR 284, followed
Johnson v Gore Wood & Co [2002] 2 AC 1; [2000] UKHL 65, cited
Robertson v Hollings and Ors[2009] QCA 303, cited

COUNSEL:

R J Grealy (sol) for the applicant
No appearance for the first respondent
R Aulsebrook (director) appeared on his own behalf and for the third respondent

SOLICITORS:

Anderssen Lawyers for the applicant
No appearance for the first respondent
R Aulsebrook (director) appeared on his own behalf and for the third respondent

1. MORRISON JA:  This is an application by the respondent to the appeal (Ant Projects Pty Ltd) to strike out the second and third appellants’ notice of appeal.

2. Ant Projects was the successful plaintiff in a District Court trial in which judgment was handed down on 27 May 2019.[1]  The opening paragraph of the reasons below are sufficient for present purposes to indicate the nature of the dispute:

   “When there were about 32 months left in the term of a commercial lease for 5 years,…