Ant Projects Pty Ltd v Brooks

Ant Projects Pty Ltd and another appellant have appealed against a decision of the District Court of Queensland to Brooks, the respondent. The appellants filed a notice of appeal on 1 October 2019, but the court struck it out as it was filed outside the statutory time limit. The court gave the appellants until 25 November 2019 to file a second notice of appeal. The appellants filed a second notice of appeal on 25 November 2019, but it was outside the deadline they were given. The appellants now seek to have this second notice of appeal struck out. The court was required to decide whether the second notice of appeal discloses an arguable error on the part of the primary judge. The court was also required to decide whether there is the potential of an abuse of process. The court found that the second notice of appeal did not disclose an arguable error on the part of the primary judge. The court found that the appellants had failed to demonstrate that they had a reasonable prospect of success on the appeal. The court also found that there was the potential of an abuse of process because the appellants had failed to comply with the court's orders. The court struck out the second notice of appeal and ordered that the appellants may not file an amended notice of appeal except with the prior leave of a judge of the Supreme Court. The court also ordered that the respondents to the application to strike out pay the applicant’s costs of the application. The court refused the application for security for costs and ordered that the applicant is to pay the respondent’s costs of the application for security for costs.