Goodwin v Goodwin - [2005] QCA 117

SUPREME COURT OF QUEENSLAND

CITATION:

Goodwin & Anor v Goodwin & Ors [2005] QCA 117

PARTIES:

SHANE CHRISTOPHER GOODWIN
(plaintiff/applicant/first respondent)
KERRI GAYLE GOODWIN
(plaintiff/second respondent)
v
ELMA AGNES GOODWIN
(first defendant/first respondent/applicant)
THOMAS MICHAEL SULLIVAN and
LIONEL JAMES DAVIDSON (TRUSTEES)
(second defendants/second respondents)

ELMA AGNES GOODWIN
(applicant/respondent/applicant)
v
SHANE CHRISTOPHER GOODWIN
(first respondent/first appellant/first respondent)
KERRI GAYLE GOODWIN
(second respondent/second appellant/second respondent)

FILE NO/S:

Appeal No 672 of 2005
Appeal No 1502 of 2005
DC No 4 of 2003
DC No 8 of 2003
SC No 11053 of 2004

DIVISION:

Court of Appeal

PROCEEDING:

Application for Extension of Time/General Civil Appeal
Application to Strike Out

ORIGINATING COURT:

District Court at Maroochydore
Supreme Court at Brisbane

DELIVERED ON:

19 April 2005

DELIVERED AT:

Brisbane

HEARING DATE:

11 April 2005

JUDGES:

Williams and Keane JJA and Helman J
Judgment of the Court

ORDER:

1.    In Appeal No 672 of 2005:
(a) The application by Shane Christopher Goodwin for an extension of time within which to appeal is dismissed
(b) Shane Christopher Goodwin is to pay the costs of the respondents to this application with costs to be assessed on the standard basis
(c) the trustees have leave to deduct these costs so assessed from the share of the proceeds of the sale of the land otherwise payable to Shane Christopher Goodwin and Kerri Gayle Goodwin and pay the same to the solicitors acting for the respondents
2.    In Appeal No 1502 of 2005:
(a) the application by Elma Agnes Goodwin to strike out the notice of appeal is granted and the notice of appeal is struck out
(b) Shane Christopher Goodwin is to pay the costs of the applicant with costs to be assessed on the standard basis
(c) the trustees have leave to deduct the costs so assessed from the share of the proceeds of the sale of the land otherwise payable to Shane Christopher Goodwin and Kerri Gayle Goodwin and pay the same to the solicitors acting for Elma Agnes Goodwin
3.    It is further ordered that:
(a) Shane Christopher Goodwin and Kerri Gayle Goodwin, their servants and agents are restrained from making any further application in Supreme Court proceedings No 11053 of 2004 or Kingaroy District Court proceedings No 4 of 2003 and No 8 of 2003 and restrained from taking any further steps, including the issuing of any new proceedings in any Queensland Court, against Elma Agnes Goodwin or the trustees in or arising out of or concerning the allegations in Supreme Court proceedings No 11053 of 2004 or Kingaroy District Court proceedings No 4 of 2003 and No 8 of 2003 without the prior leave of a judge of the trial division of the Supreme Court.
(b) Shane Christopher Goodwin is to pay the costs incurred by Elma Agnes Goodwin and the trustees in seeking this order.
(c) These costs are to be assessed on the standard basis and the trustees have leave to deduct the costs so assessed from the proceeds of the sale of…

Grounds of appeal

[14] The appellant contends that the primary judge erred in finding that the respondent had discharged the onus of establishing the matters required under the relevant provision.

[15] It was submitted that his Honour failed to give adequate weight to the evidence of the second witness, and that the findings of fact were not reasonably open on the material before the Court.

[16] The respondent, for its part, submits that no error is disclosed, and that the conclusions reached were well within the range of outcomes available to the primary judge.

Consideration

[17] It is convenient to deal first with the question of construction, as the resolution of that issue informs the remaining grounds advanced by the appellant.

[18] For the reasons that follow, we are of the view that the appeal should be allowed in part and the matter remitted for further determination.

Continue reading Goodwin v Goodwin

Details

AGLC: Goodwin v Goodwin [2005] QCA 117
Case: [2005] QCA 117
Decision Date: 19 April 2005

CaseChat Overview and Summary

In Goodwin v Goodwin, the Queensland Court of Appeal addressed multiple issues related to a dispute among land owners. Shane Christopher Goodwin and Kerri Gayle Goodwin appealed against an order to sell their jointly-owned land, while Elma Agnes Goodwin sought to strike out Shane's appeal and for the sale of the land to proceed. Shane also applied for an extension of time to appeal the order. Additionally, Elma Agnes Goodwin and the trustees applied to restrain Shane and Kerri from pursuing further proceedings concerning the land without leave of the court.

The court first considered Shane's application for an extension of time to appeal, which he had failed to lodge within the requisite period. The court held that Shane had provided no satisfactory explanation for the delay and that the appeal had no merit. Consequently, the court dismissed the application for an extension of time. The court then examined Elma's application to strike out Shane's appeal. The court found that the appeal concerned an interlocutory order and, considering the circumstances, granted the application to strike out the notice of appeal. Finally, the court turned to the application by Elma and the trustees to restrain Shane and Kerri from initiating further proceedings concerning the land without leave of the court. The court found that the appellants had engaged in vexatious litigation and made an order prohibiting them from doing so.

The court's orders included dismissing Shane's application for an extension of time, striking out his appeal, and restraining Shane and Kerri from initiating further proceedings concerning the land without leave of the court. Shane was ordered to pay the costs of the various applications. The trustees were granted leave to deduct these costs from the proceeds of the sale of the land otherwise payable to Shane and Kerri.

Orders

Orders of the court

1. In Appeal No 672 of 2005:

(a) The application by Shane Christopher Goodwin for an extension of time within which to appeal is dismissed

(b) Shane Christopher Goodwin is to pay the costs of the respondents to this application with costs to be assessed on the standard basis

(c) the trustees have leave to deduct these costs so assessed from the share of the proceeds of the sale of the land otherwise payable to Shane Christopher Goodwin and Kerri Gayle Goodwin and pay the same to the solicitors acting for the respondents

2. In Appeal No 1502 of 2005:

(a) the application by Elma Agnes Goodwin to strike out the notice of appeal is granted and the notice of appeal is struck out

(b) Shane Christopher Goodwin is to pay the costs of the applicant with costs to be assessed on the standard basis

(c) the trustees have leave to deduct the costs so assessed from the share of the proceeds of the sale of the land otherwise payable to Shane Christopher Goodwin and Kerri Gayle Goodwin and pay the same to the solicitors acting for Elma Agnes Goodwin

3. It is further ordered that:

(a) Shane Christopher Goodwin and Kerri Gayle Goodwin, their servants and agents are restrained from making any further application in Supreme Court proceedings No 11053 of 2004 or Kingaroy District Court proceedings No 4 of 2003 and No 8 of 2003 and restrained from taking any further steps, including the issuing of any new proceedings in any Queensland Court, against Elma Agnes Goodwin or the trustees in or arising out of or concerning the allegations in Supreme Court proceedings No 11053 of 2004 or Kingaroy District Court proceedings No 4 of 2003 and No 8 of 2003 without the prior leave of a judge of the trial division of the Supreme Court.

(b) Shane Christopher Goodwin is to pay the costs incurred by Elma Agnes Goodwin and the trustees in seeking this order.

(c) These costs are to be assessed on the standard basis and the trustees have leave to deduct the costs so assessed from the proceeds of the sale of the land otherwise payable to Shane Christopher Goodwin and Kerri Gayle Goodwin and pay the same to the solicitors acting for the trustees and for Elma Agnes Goodwin.

Background

Background to the litigation

Full text does not contain this section.

Evidence

Evidence Before The Court

Full text does not contain this section.

Decision

Reasons for decision

Full text does not contain this section.

Ratio Decidendi

Legal Principle Established

Full text does not contain this section.

CITATION:	Goodwin & Anor v Goodwin & Ors [2005] QCA 117
PARTIES:	SHANE CHRISTOPHER GOODWIN (plaintiff/applicant/first respondent) KERRI GAYLE GOODWIN (plaintiff/second respondent) v ELMA AGNES GOODWIN (first defendant/first respondent/applicant) THOMAS MICHAEL SULLIVAN and LIONEL JAMES DAVIDSON (TRUSTEES) (second defendants/second respondents) ELMA AGNES GOODWIN (applicant/respondent/applicant) v SHANE CHRISTOPHER GOODWIN (first respondent/first appellant/first respondent) KERRI GAYLE GOODWIN (second respondent/second appellant/second respondent)
FILE NO/S:	Appeal No 672 of 2005 Appeal No 1502 of 2005 DC No 4 of 2003 DC No 8 of 2003 SC No 11053 of 2004
DIVISION:	Court of Appeal
PROCEEDING:	Application for Extension of Time/General Civil Appeal Application to Strike Out
ORIGINATING COURT:	District Court at Maroochydore Supreme Court at Brisbane
DELIVERED ON:	19 April 2005
DELIVERED AT:	Brisbane
HEARING DATE:	11 April 2005
JUDGES:	Williams and Keane JJA and Helman J Judgment of the Court
ORDER:	1. In Appeal No 672 of 2005: (a) The application by Shane Christopher Goodwin for an extension of time within which to appeal is dismissed (b) Shane Christopher Goodwin is to pay the costs of the respondents to this application with costs to be assessed on the standard basis (c) the trustees have leave to deduct these costs so assessed from the share of the proceeds of the sale of the land otherwise payable to Shane Christopher Goodwin and Kerri Gayle Goodwin and pay the same to the solicitors acting for the respondents 2. In Appeal No 1502 of 2005: (a) the application by Elma Agnes Goodwin to strike out the notice of appeal is granted and the notice of appeal is struck out (b) Shane Christopher Goodwin is to pay the costs of the applicant with costs to be assessed on the standard basis (c) the trustees have leave to deduct the costs so assessed from the share of the proceeds of the sale of the land otherwise payable to Shane Christopher Goodwin and Kerri Gayle Goodwin and pay the same to the solicitors acting for Elma Agnes Goodwin 3. It is further ordered that: (a) Shane Christopher Goodwin and Kerri Gayle Goodwin, their servants and agents are restrained from making any further application in Supreme Court proceedings No 11053 of 2004 or Kingaroy District Court proceedings No 4 of 2003 and No 8 of 2003 and restrained from taking any further steps, including the issuing of any new proceedings in any Queensland Court, against Elma Agnes Goodwin or the trustees in or arising out of or concerning the allegations in Supreme Court proceedings No 11053 of 2004 or Kingaroy District Court proceedings No 4 of 2003 and No 8 of 2003 without the prior leave of a judge of the trial division of the Supreme Court. (b) Shane Christopher Goodwin is to pay the costs incurred by Elma Agnes Goodwin and the trustees in seeking this order. (c) These costs are to be assessed on the standard basis and the trustees have leave to deduct the costs so assessed from the proceeds of the sale of…