SUPREME COURT OF QUEENSLAND
CITATION:
Beames v State of Queensland [2010] QSC 4
PARTIES:
BEAMES, Douglas Macleod
(applicant)
v
THE STATE OF QUEENSLAND
(respondent)FILE NO/S:
SC No 12359 of 2009
DIVISION:
Trial Division
PROCEEDING:
Originating Application
ORIGINATING COURT:
Supreme Court at Brisbane
DELIVERED ON:
19 January 2010
DELIVERED AT:
Brisbane
HEARING DATE:
10 December 2009
JUDGE:
Margaret Wilson J
ORDER:
Application dismissed with costs.
CATCHWORDS:
BANKRUPTCY – EFFECT ON CAUSES OF ACTION – where applicant an undischarged bankrupt – where applicant was previously the registered proprietor of certain land – where respondent is State of Queensland – where applicant seeks orders under the Land Title Act 1994 (Qld) – where application made without consent of the trustee in bankruptcy – where land has been transferred to purchasers and applicant has no legal title to it – where there has been protracted dispute between applicant and respondent as to location of boundary of the land and adjacent Crown land – where respondent had commenced proceedings seeking declaratory relief and applicant counterclaimed for declaratory relief as to true area of land and position of the boundary, and for damages – where applicant was subsequently declared bankrupt – where trustees in bankruptcy deemed to have abandoned the counterclaim – whether applicant has standing to bring application or to prosecute counterclaim – whether leave to bring application could be obtained under s 60 Bankruptcy Act 1966 (Cth) – whether Court could give applicant leave to proceed with counterclaim under r 72 of the Uniform Civil Procedure Rules 1999 (Qld)
CROWN PROCEEDINGS – whether Crown Solicitor could represent the State in application
Bankruptcy Act 1966 (Cth), s 5, s 58, s 58(3)(b), s 60)1), s 60(2), s 60(3), s 60(4), s 116
Crown Proceedings Act 1980 (Qld), s 19
Judicial Review Act 1991 (Qld)
Land Title Act 1994 (Qld), s 184, s 188(1)(b), s188(2), s 188B(1)(b), s 188B(2) , s 188BB(3)(a), s188B(3)(b)Uniform Civil Procedure Rules 1999 (Qld), r 72(1), r 72(2), r 389(2)
Abeyratnev Trkulja (1998) 90 FCR 253, cited
Beames v Leader [2000] 1 Qd R 347, referred toCummings v Claremont Petroleum NL (1996) 185 CLR 124,
cited
Daemar v Industrial Commission (NSW) [No 2] (1990) 22
NSWLR 178, cited
Francis v National Mutual Life Association of A/asia Ltd [1999] 2 Qd R 355, cited
Freeman v Joiner (2005) 3 ABC(NS) 332, cited
Freeman v National Australia Bank Ltd [2006] QCA 260,
cited
Pegler v Dale (1975) 1 NSWLR 265, cited
State of Queensland v Beames [2001] QSC 132, referred to
State of Queensland v Beames [2002] QCA 209, referred toState of Queensland v Beames [2004] QSC 399, considered
Stone v ACE-IRM Insurance Broking Pty Ltd [2004] 1 Qd R
173, cited
Re Faulkner; Ex parte Official Receiver (1981) 52 FLR 109, cited
COUNSEL:
The applicant appeared in person.
DD Keane for the respondent
SOLICITORS:
Crown Solicitor for the respondent
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- Case
- [2010] QSC 4
- Decision Date
CaseChat Overview and Summary
The court examined the legal principles surrounding bankruptcy and its impact on causes of action, as well as the rules governing leave to proceed with legal proceedings. It noted that the applicant's bankruptcy resulted in the abandonment of the counterclaim, and thus, the applicant's standing to prosecute the counterclaim was compromised. The court found that the applicant did not have standing to bring the application or prosecute the counterclaim. The court also concluded that leave under section 60 of the Bankruptcy Act 1966 (Cth) could not be granted because the application did not relate to the applicant's estate in bankruptcy. Regarding the counterclaim, the court found that leave under rule 72 of the Uniform Civil Procedure Rules 1999 (Qld) could not be granted because the application was not in the interest of justice. Lastly, the court determined that the Crown Solicitor was not disqualified from representing the State in the application.
The court dismissed the application with costs, finding that the applicant did not have the requisite standing to bring the application or prosecute the counterclaim. Additionally, the court ruled that leave under section 60 of the Bankruptcy Act 1966 (Cth) could not be granted, and leave under rule 72 of the Uniform Civil Procedure Rules 1999 (Qld) was not appropriate. The Crown Solicitor was deemed not to be disqualified from representing the State in the application. The orders made were for the application to be dismissed with costs.
Orders
Orders of the court
Application dismissed with costs.
Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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