Beil v Mansell (No 1)

[2006] QCA 173

SUPREME COURT OF QUEENSLAND

CITATION:

Beil & Anor v Mansell & Ors [2006] QCA 173

PARTIES:

DESMOND THOMAS BEIL
(plaintiff/respondent)
DAJAD PTY LTD (ACN 009 979 284)
(plaintiff/respondent)
v
NEIL RAYMOND MANSELL
(fourth defendant/first applicant)
FAY CATHERINE MANSELL
(fifth defendant/second applicant)
PARKLANDS BLUE METAL PTY LTD
(ACN 010 471 548)
(ninth defendant/third applicant)

FILE NO/S:

Appeal No 3655 of 2006
SC No 1494 of 2001

DIVISION:

Court of Appeal

PROCEEDING:

Application for Extension of Time/ General Civil Appeal

ORIGINATING COURT:

Supreme Court at Brisbane

DELIVERED ON:

26 May 2006

DELIVERED AT:

Brisbane

HEARING DATE:

16 May 2006

JUDGES:

Jerrard JA, Helman and Muir JJ
Separate reasons for judgment of each member of the Court, each concurring as to the order made.

ORDER:

Application dismissed with costs.

CATCHWORDS:

APPEAL AND NEW TRIAL – APPEAL - PRACTICE AND PROCEDURE – QUEENSLAND – TIME FOR APPEAL – EXTENSION OF TIME – GENERAL PRINCIPLES AS TO GRANT OR REFUSAL – where applicants seek leave to appeal – where first instance judgment given two years prior to filing of application – whether leave to appeal should be granted

Uniform Civil Procedure Rules1999 (Qld), r 748

Alec Lobb (Garages) Ltd v Total Oil (GB) Ltd [1985] 1 WLR 173, cited
AMEV-UDC Finance Ltd v Austin (1986) 162 CLR 170, distinguished
Andar Transport Pty Ltd v Brambles Ltd (2004) 217 CLR 424, cited
Ankar Pty Ltd & Anor v National Westminster Finance (Aust) Ltd (1987) 162 CLR 549, cited
Australian Broadcasting Commission v Australasian Performing Rights Association Ltd (1973) 129 CLR 99, cited
Brooks v Burns Philp Trustee Co Ltd (1969) 121 CLR 432, cited
Chan v Cresdon (1989) 168 CLR 242, cited
Chapman v State of Queensland [2003] QCA 172; Appeal No 1759 of 2003, 17 December 1998, cited
Coghlan v SH Lock (Aust) Ltd (1987) 8 NSWLR 88, cited
Davies v Perpetual Trustee [1959] 2 All ER 128, cited
D’Orta-Ekenaike v Victoria Legal Aid (2005) 79 ALJR 755, applied
O’Callaghan v Hall & Anor [1993] QCA 297, cited
Queensland Trustees Ltd v Fawckner [1964] Qd R 153, cited
Wren v Emmett Contractors Pty Ltd (1969) 43 ALJR 213, cited

COUNSEL:

L F Kelly SC, with him G R Coveney, for the applicants
M D Martin for the respondents

SOLICITORS:

CBD Lawyers & Corporate Advisors for the applicant
North Coast Law for the respondents

1. JERRARD JA:  In this application I have read the reasons for judgment of Muir J and the orders proposed by His Honour, and respectfully agree with those reasons and orders, and adopt his description of the relevant facts.  I add that the fact that the first applicant Neil Mansell had personally signed the Deed, dated 8 September 2004, signing as a Director of Pacific View (Qld) Pty Ltd, left open against that applicant an argument based on Wren v Emmett Contractors Pty Ltd.[1]  The argument is that if that applicant as a controlling director of that company arranged…