Perpetual Trustees Victoria Ltd v Riggall

DISTRICT COURT OF QUEENSLAND

CITATION:

Perpetual Trustees Victoria Ltd  v Riggall [2014] QDC 80

PARTIES:

PERPETUAL TRUSTEES VICTORIA LTD
(ABN 470 040 27258)

(plaintiff)

v

WAYNE RALPH RIGGALL

(defendant)

FILE NO/S:

D110/13

DIVISION:

Civil

PROCEEDING:

Registrar’s Referral under UCPR 982

ORIGINATING COURT:

Maroochydore

DELIVERED ON:

11 April 2014

DELIVERED AT:

Maroochydore

JUDGE:

Long SC DCJ

ORDER:

The application is not to be filed or given any date for hearing.1.   

The registrar is to forthwith provide the plaintiff and defendant with a copy of this determination and the reasons recorded herein.2.   

CATCHWORDS:

CIVIL – PRACTICE AND PROCEDURE – Registrar’s referral under UCPR 982 – Whether application should be accepted by the Registrar and filed – Whether the matter requires any hearing in the District Court

Gallo v Dawson (1989) 63 ALJR 121
Sirros v Moore [1975] 1 QB 118 at 132
Batistatos v Roads and Traffic Authority (NSW) (2006) 226 CLR 256
Cuttler v Browne [2010] QCA 346

Uniform Civil Procedure Rules 1999, 31, 967, 968, 982
District Court of Queensland Act 1967, s 5(2)
Judicial Review Act 1991, s 42

1. These reasons are provided in respect of the determination of the court, on the referral of the Registrar, as herein recorded and in respect of an application, purportedly made in this proceeding.

1. The file of the court in relation to this proceeding was commenced on 15 July 2013, by the filing of a claim by the plaintiff for a debt in the amount of $207,745.81 plus interest, pursuant to the terms of a loan agreement and mortgage and the recovery of the possession of the land against which that obligation was secured. 

1. On 28 March 2014, orders were made by Judge Robertson to the effect that an application, filed by the defendant on 26 March 2014, be dismissed, the plaintiff’s application filed on 10 March 2014, for summary judgment, was allowed with an order that the defendant pay the plaintiff $217,457.22 including interest in the amount of $9,711.41, from the date of claim until 28 March 2014 and that the plaintiff recover possession of the land and that the defendant pay the plaintiff’s costs of the application.

1. On 9 April 2014, a document in the form of an application made in those proceedings and under UCPR 31 and signed by the abovenamed defendant[1] was received at the registry of the court at Maroochydore and date stamped, 9 April 2014.  The operative part of that application reads as follows:

   [1]Although described as “3^rd Party Interest Intervener”. 

“Denial of Order issued 28 March 2014 by Judge Robertson

TAKE NOTICE THAT THE DEFENDANT IS APPLYING TO THE COURT FOR THE FOLLOWING ORDERS:
Instruction to the Registrar..

1.Schedule a hearing for John M. Robertson dba as JUDGE JOHN M. ROBERTSON and issue a summons for John M. Robertson dba as JUDGE JOHN M. ROBERTSON to appear, and

1.Issue a subpoena Duces Tecum to John M. Robertson to produce the original or a certified copy of his oath of office, bond,…