Labaj v Lollo Plumbing P/L (in Liq)

Labaj brought an appeal against Lollo Plumbing P/L (in Liq) from decisions of the District Court of Queensland, aiming to challenge the court's refusal to admit two claims to proof in the liquidation of a company, as well as the dismissal of the appellant's attempt to obtain judgment in default of appearance. The appeal was brought without leave and without an application for an extension of time to appeal, and the appellant also sought to join an additional party on appeal. The appellant argued that the District Court was wrong not to admit the claims to proof and that the refusal of leave to appeal was an error.

The court examined whether the appeal was properly instituted, considering the requirements for leave to appeal under the District Court of Queensland Act 1967. It was noted that the appellant had failed to obtain leave to appeal and had not complied with the procedural requirements for service of the claim, which necessitated personal service rather than service by post. The court also considered whether the judge had erred in refusing to admit the claims to proof, particularly as the appellant sought to pre-empt matters that would be determined in the Supreme Court.

The court found that the appeal was not properly instituted as the appellant had not obtained leave to appeal and had not complied with the rules regarding service. The court held that the District Court's decision to refuse leave to appeal and to dismiss the application to admit the claims to proof was correct. The court further dismissed the application for an extension of time to appeal and ordered the appellant to show cause as to why they should not be barred from making any further applications without leave in the proceedings.

In conclusion, the appeals were dismissed, and the appellant was ordered to pay the respondents' costs on an indemnity basis. The application for an extension of time to appeal was also dismissed. The court mandated that the appellant show cause as to why they should not be barred from making further applications without leave in the proceedings.