Johnson v Public Trustee of Queensland as Executor of the Will of Brady (deceased)

Johnson brought a family provision application under the Family Provision Act against the Public Trustee of Queensland, seeking provision from the estate of her step-father, Brady. The primary judge dismissed the proceeding due to Johnson's failure to prosecute, as well as her history of non-compliance with court orders and directions. Johnson appealed against the dismissal, arguing that the primary judge erred in exercising his discretion. The court was required to determine whether the primary judge's decision to dismiss the proceeding was an appropriate exercise of his discretion under the relevant legislation.

The court considered the nature of Johnson's non-compliance, which included missing deadlines, failing to file necessary documents, and providing vague responses to court directions. The court also noted Johnson's significant health problems, including psychological and psychiatric issues. Despite this, the court found that Johnson had not provided a clear indication of when she would be able to comply with court directions. The court held that the primary judge did not err in exercising his discretion to dismiss the proceeding, as Johnson's history of non-compliance, combined with her failure to provide a clear plan for future compliance, justified the dismissal. The court further found that the primary judge had considered all relevant factors and exercised his discretion appropriately.

As a result of the appeal being dismissed, the appellant is required to pay the respondent's costs of and incidental to the appeal. The court did not grant leave to appeal to the Court of Appeal, thereby finalising the matter.