SUPREME COURT OF QUEENSLAND
CITATION:
Mbuzi v Hall & Ors [2010] QCA 356
PARTIES:
JOSIYAS ZIFANANA MBUZI
(applicant/applicant)
v
ELIZABETH HALL
(first respondent/first respondent)
AUSTRALIAN ASSOCIATED MOTOR INSURERS LIMITED
(second respondent/second respondent)
CLIFFORD ROWE CHUTER
(third respondent/not party to the appeal)
CHERREL HIRST
(fourth respondent/not party to the appeal)
MARTIN DOUGLAS EBERLAIN KRIEWALDT
(fifth respondent/not party to the appeal)
CHRISTOPHER SKILTON
(sixth respondent/not party to the appeal)FILE NO/S:
Appeal No 11378 of 2010
SC No 6243 of 2009DIVISION:
Court of Appeal
PROCEEDING:
Appeal from Interlocutory Decision
ORIGINATING COURT:
Supreme Court at BrisbaneDELIVERED ON:
14 December 2010
DELIVERED AT:
Brisbane
HEARING DATE:
29 November 2010
JUDGES:
Holmes and Muir and Fraser JJA
Separate reasons for judgment of each member of the Court, each concurring as to the order madeORDER:
Application refused
CATCHWORDS:
APPEAL AND NEW TRIAL – APPEAL - PRACTICE AND PROCEDURE – QUEENSLAND – WHEN APPEAL LIES – BY LEAVE OF COURT – GENERALLY – where the applicant applied for leave to appeal from interlocutory orders made by the primary judge – where the primary judge ordered pursuant to r 389A Uniform Civil Procedure Rules 1999 (Qld) that the applicant not file any further application without leave of the Court, provide security for costs, and pay the costs of the second to sixth respondents’ application and amended application – where the primary judge held that the two applications brought by the applicant were vexatious – whether the primary judge erred in exercising the discretion to make an order pursuant to r 389A – whether the primary judge erred in exercising the discretion to order the applicant to provide security for costs – whether the primary judge erred in ordering the applicant to pay the second to sixth respondents’ costs of their application and amended application – whether the applicant should be granted leave to appeal to this Court
APPEAL AND NEW TRIAL – APPEAL - GENERAL PRINCIPLES – RIGHT OF APPEAL – WHEN APPEAL LIES – FOR BIAS IN JUDICIAL PROCEEDINGS – where the applicant contended that the primary judge did not bring an impartial mind to the application – whether a fair-minded lay observer might reasonably apprehend that the primary judge might not bring an impartial mind to the resolution of the application
Judicial Review Act 1991 (Qld), s 49(4)
Supreme Court of Queensland Act 1991 (Qld), s 69, s 93LA
Uniform Civil Procedure Rules 1999 (Qld), r 69, r 69(1)(b), r 378, r 389A, r 467, r 671, r 772
Harpur v Ariadne Australia Ltd [1984] 2 Qd R 523, cited
Mbuzi v Hall & Ors[2010] QCA 23, related
Mbuzi v Hall & Ors[2010] QCA 5, related
Mbuzi v Hall & Anor [2010] QSC 359, related
Mbuzi v Hall & Ors[2009] QCA 405, relatedCOUNSEL:
The applicant appeared on his own behalf
L Byrnes (Sol) for the first respondent
No appearance required for the second to sixth respondentsSOLICITORS:
The applicant appeared on his own behalf
Crown…
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- AGLC
- Mbuzi v Hall [2010] QCA 356
- Case
- [2010] QCA 356
- Decision Date
CaseChat Overview and Summary
The court examined the primary judge's decision to prohibit Mbuzi from filing further applications without leave, considering the context and nature of the applications. It assessed whether the primary judge's decision to deem the applications vexatious was reasonable, given the circumstances. The court also reviewed the appropriateness of the security for costs order and the costs order, evaluating whether they were justified under the circumstances. Finally, the court considered whether the primary judge's decision not to grant leave to appeal was correct. The court held that the primary judge did not err in exercising the discretion to make the orders, and that the orders were appropriate given the circumstances. The court also found that there was no basis to conclude that the primary judge was biased or lacked impartiality. Consequently, the application for leave to appeal was refused.
Orders
Orders of the court
Application refused
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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