Doneley v Morris

[2001] QCA 288

COURT OF APPEAL

McMURDO P
McPHERSON JA

PHILIPPIDES J

Appeal No 3890 of 2001

JOHN JUSTIN DONELEY	Appellant (Plaintiff)
and
ANTHONY JOHN HUNTER MORRIS	Respondent (First Defendant)

BRISBANE
..DATE 23/07/2001
23072001 T2/RB28 M/T COA177/2001
THE PRESIDENT: In the circumstances where Mr Doneley has
indicated that he no longer wishes to progress this appeal,
the order is that the appeal is dismissed with costs of and
incidental to the appeal including reserve costs.

MR RUSSELL: The exhibit to Mr Rogo's second affidavit, the letter of 20 July, contains some scandalous material.

THE PRESIDENT: Yes.

MR RUSSELL: May I ask for an order that the exhibit be sealed up not to be opened.

THE PRESIDENT: Yes, I so order.

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CaseChat Overview and Summary

The appeal was brought before the Court of Appeal by John Justin Doneley, the appellant, against Anthony John Hunter Morris, the respondent. The dispute originated from a lower court decision and was centred around the handling of certain documents that contained scandalous material. The appellant contested the lower court’s decision, seeking to overturn or modify the ruling. The Court of Appeal was tasked with examining the legal issues presented by the appeal, specifically regarding the admissibility and handling of the scandalous material in question.

The court had to determine whether the lower court was correct in its handling of the scandalous material presented in the letter dated 20 July, which was part of an exhibit to Mr Rogo's second affidavit. The primary legal issue was whether the exhibit should remain sealed and not be opened due to its scandalous content, as requested by Mr Russell. The court also needed to consider the implications of the appellant's decision to no longer pursue the appeal on the proceedings and the costs associated with the appeal.

The Court of Appeal concluded that the scandalous material in question warranted the exhibit to be sealed and not opened, as requested. The court also noted that the appellant had indicated he no longer wished to progress with the appeal. Consequently, the appeal was dismissed with the costs of and incidental to the appeal, including reserve costs, awarded against the appellant. This decision effectively brought an end to the appeal proceedings.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established