Lopez v Brisbane Boys College

Lopez brought an appeal against a decision of the Supreme Court of Queensland which had dismissed his application to set aside a consent judgment against him. Lopez's application to set aside the judgment had been denied on the basis that the consent judgment had been entered without any evidence of coercion, and that any delay in bringing the application was not satisfactorily explained. Lopez sought leave to appeal the interlocutory decision of the Supreme Court. Brisbane Boys College opposed the application for leave to appeal.

The court was required to determine whether the decision of the Supreme Court constituted an exercise of discretion that warranted an appeal, and whether there had been a breach of natural justice in the interlocutory decision. The court also considered whether Lopez had a legitimate expectation of an oral hearing and whether he had suffered substantial injustice as a result of the interlocutory decision.

The court held that the decision of the Supreme Court was an interlocutory decision in a minor civil dispute, and therefore did not constitute an exercise of discretion that warranted an appeal. The court also found that there had been no breach of natural justice in the interlocutory decision, and that Lopez did not have a legitimate expectation of an oral hearing. Finally, the court found that Lopez had not suffered substantial injustice as a result of the interlocutory decision.

The application for leave to appeal was dismissed, and the appeal was refused.