SUPREME COURT OF QUEENSLAND
CITATION: Gray v Hopcroft & Anor [2000] QCA 144 PARTIES: PATRICIA MAY GRAY
(applicant/plaintiff)
v
STANLEY CECIL HOPCROFT
(defendant)
STATE OF QUEENSLAND
(respondent/second defendant)FILE NO/S: Appeal No 1947 of 2000
DC No 31 of 1997DIVISION: Court of Appeal PROCEEDING: Application for leave s 118 DCA (Civil) ORIGINATING COURT: District Court at Brisbane
DELIVERED ON: 28 April 2000 DELIVERED AT: Brisbane HEARING DATE: 3 April 2000 JUDGES: Thomas JA, Ambrose and Helman JJ
Separate reasons for judgment of each member of the court, each concurring as to the orders madeORDERS: Application for leave to appeal against orders of the District Court 4 February 2000 dismissed
Application for leave to appeal against orders made for costs dismissedCATCHWORDS: PROCEDURE – COSTS – DEPARTING FROM THE GENERAL RULE – OTHER CONDUCT – where concession made at various stages of application
PROCEDURE – QUEENSLAND – PRACTICE UNDER RULES OF COURT – STAYING PROCEEDINGS – where applicant with a disability residing in North Queensland refused to attend examination by psychiatrist in Brisbane – whether respondent required to provide a panel of examiners in North Queensland
APPEAL AND NEW TRIAL – INTERFERENCE WITH DISCRETION OF COURT BELOW – OTHER MATTERS – where exercise of discretion by chamber judge in an interlocutory matter
Adam P. Brown Male Fashions Pty Ltd v Phillip Morris Inc and Anor (1981) 148 CLR 170, considered
Lawrence v Oil Drilling and Exploration (Qld) Pty Ltd v Anor (1967) QWN 4, consideredCOUNSEL: J Webb for the applicant
P Keane QC, with J Dalton for the respondentSOLICITORS: Arnell & Cooper for the applicant
Minter Ellison for the respondent
THOMAS JA: I agree with the reasons of and orders proposed by Ambrose J.
AMBROSE J: This is an application by a plaintiff for leave to appeal against an interlocutory order made by a chamber judge in the District Court on 4 February 2000.
The principle upon which this court will grant leave to appeal against an order of this kind is stated succinctly in the majority judgment in Adam P. Brown Male Fashions Pty Ltd v Phillip Morris Inc and Anor (1981) 148 CLR 170 at 177 in the following terms –
“Nor is there any serious dispute between the parties that appellate courts exercise particular caution in reviewing decisions pertaining to practice and procedure. Counsel for Brown urged that specific cumulative bars operate to guide appellate courts in the discharge of that task. Not only must there be error of principle but the decision appealed from must work a substantial injustice to one of the parties. The opposing view is that such criteria are to be expressed disjunctively. Cases can be cited in support of both views --. For ourselves we believe it to be unnecessary and indeed unwise to lay down rigid and exhaustive criteria. The circumstances of different cases are infinitely various we would merely repeat with approval the oft cited statement of Sir Frances Jordan in Re the Will of F…
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- AGLC
- Gray v Hopcroft & Anor [2000] QCA 144
- Case
- [2000] QCA 144
- Decision Date
CaseChat Overview and Summary
The court examined the first issue, considering the applicant's disability and the necessity of having an examiner in North Queensland. The court found that there was no requirement for the respondents to provide a panel of examiners in North Queensland, as the applicant's disability did not preclude her from attending the examination in Brisbane. The second issue involved the chamber judge's exercise of discretion in the interlocutory matter. The court noted that the exercise of discretion by a chamber judge in such matters is generally not subject to interference unless there has been a clear error of law or a significant departure from the applicable legal principles.
The court dismissed both applications for leave to appeal. Regarding the first application, the court held that the chamber judge did not depart from the general rule or make any other conduct that warranted interference. Concerning the second application, the court found that there was no significant departure from the applicable legal principles in the chamber judge's exercise of discretion. Consequently, the appeal was dismissed, and both applications for leave to appeal were also dismissed.
Orders
Orders of the court
Application for leave to appeal against orders of the District Court 4 February 2000 dismissed
Application for leave to appeal against orders made for costs dismissed
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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