SUPREME COURT OF QUEENSLAND
CITATION:
Goomboorian Transport Pty Ltd & Ors v Hanson & Ors [2018] QSC 194
PARTIES:
GOOMBOORIAN TRANSPORT PTY LTD ACN 011 054 658
(first plaintiff)
AND
J & M LOGHANDLING PTY LTD ACN 011 054 667
(second plaintiff)
AND
BELLING INVESTMENTS PTY LTD ACN 123 710 734
(third plaintiff)
AND
GOOMBOORIAN LOGGING PTY LTD ACN 076 970 995
(fourth plaintiff)
AND
LITTLE YABBA DROUGHTMASTER STUD PTY LTD ACN 086 875 845
(fifth plaintiff)
AND
EMMERDALE FARMING PTY LTD ACN 151 515 909
(sixth plaintiff)
AND
JILRAY PTY LTD ACN 058 181 463
(seventh plaintiff)
AND
J & M FARMING PTY LTD ACN 086 991 291
(eighth plaintiff)
AND
J & M FARMING PTY LTD and LITTLE YABBA DROUGHTMASTER STUD PTY LTD ABN 89 152 178 639
(ninth plaintiff)
AND
JOHN GERHARD BELLING
(tenth plaintiff)
AND
MARLENE ANNE BELLING
(eleventh plaintiff)
v
ESTATE OF NORMA RENEE HANSON, DECEASED
(first defendant)
AND
DOROTHY MAUREEN HANSON
(second defendant)
AND
NORMAN RICHARD HANSON
(third defendant)
FILE NO/S:
SC No 4392 of 2015
DIVISION:
Trial Division
PROCEEDING:
Application
DELIVERED ON:
27 August 2018
DELIVERED AT:
Brisbane
HEARING DATE:
24 August 2018
JUDGE:
Bond J
ORDER:
Upon the applicants undertaking through their counsel:
(a) to maintain the undertakings provided by their counsel to this court on 19 June 2015;
(b) until further order or agreement with the plaintiffs, not to deal with any of the funds held on their behalf in the Big Law/Lawyers trust account;
(c) that they will maintain the registration and insurance for the Mercedes-Benz A-Class motor vehicle (VIN WDD1 173432N154473) and will otherwise store it in a shed on their property and not use it; and
(d) to terminate forthwith their retainer of Brown Macaulay and Warren Financial Services Pty Ltd as financial advisers,
and subject to the condition that the applicants must, as soon as is practicable, and having made full disclosure of the state of white ant damage to the home located at 22 Parkland Drive, Chatsworth, secure and maintain insurance over that home equivalent to that apparently secured by the existing Suncorp policy,
the orders of the Court are:
1. The orders made by Bond J on 14 August 2018, which were the subject of interim stay ordered on that date, be stayed until such date as the appeal in Court of Appeal proceeding 7390/2018 is determined or further earlier order of the Court is made.
2. Costs of the application for stay be reserved.
CATCHWORDS:
APPEAL AND NEW TRIAL – PROCEDURE – QUEENSLAND – STAY OF PROCEEDINGS – GENERAL PRINCIPLES AS TO GRANT OR REFUSAL – where the second and third defendants applied for an interim stay of judgment and further orders pending further argument as to a stay pending appeal – where the interim stay was granted – where the second and third defendants applied for the interim stay to continue until the determination of the appeal – where the third and sixth plaintiffs opposed the stay – whether there is a good…
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- Case
- [2018] QSC 194
- Decision Date
CaseChat Overview and Summary
The court found that there was a good arguable case on appeal, particularly in relation to the quantum of damages awarded. The court also found that the second and third defendants would be disadvantaged if a stay was not ordered, as they faced the risk of being forced to pay a significant sum of money. However, the court noted that the third and sixth plaintiffs would also be disadvantaged if a stay was granted, as they would be unable to recover the damages awarded to them. The court concluded that the competing disadvantage to the third and sixth plaintiffs did not outweigh the disadvantage suffered by the second and third defendants, if the stay was not granted.
The court granted the application for a stay, subject to certain conditions being met by the applicants. The court ordered that the orders made by Bond J on 14 August 2018, which were the subject of the interim stay, be stayed until the appeal in the Court of Appeal was determined, or further order of the court was made. The court also reserved costs of the application for stay.
Orders
Orders of the court
Upon the applicants undertaking through their counsel:
(a) to maintain the undertakings provided by their counsel to this court on 19 June 2015;
(b) until further order or agreement with the plaintiffs, not to deal with any of the funds held on their behalf in the Big Law/Lawyers trust account;
(c) that they will maintain the registration and insurance for the Mercedes-Benz A-Class motor vehicle (VIN WDD1 173432N154473) and will otherwise store it in a shed on their property and not use it; and
(d) to terminate forthwith their retainer of Brown Macaulay and Warren Financial Services Pty Ltd as financial advisers,
and subject to the condition that the applicants must, as soon as is practicable, and having made full disclosure of the state of white ant damage to the home located at 22 Parkland Drive, Chatsworth, secure and maintain insurance over that home equivalent to that apparently secured by the existing Suncorp policy,
the orders of the Court are:
1. The orders made by Bond J on 14 August 2018, which were the subject of interim stay ordered on that date, be stayed until such date as the appeal in Court of Appeal proceeding 7390/2018 is determined or further earlier order of the Court is made.
2. Costs of the application for stay be reserved.
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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