Qline Interiors Pty Ltd v Jezer Constructions Group Pty Ltd Summary

[2002] QCA 316

COURT OF APPEAL

McMURDO P

Appeal No 3706 of 2002

QLINE INTERIORS PTY LTD Respondent
(ACN 076 840 518) (Plaintiff)

and

JEZER CONSTRUCTION GROUP PTY LTD Appellant
(ACN 054 548 319) (First Defendant)

and

MAGNAMAIN INVESTMENTS PTY LTD Not party to appeal
(ACN 074 822 521) (Second Defendant)

and

PETER GRAHAM SCHMITH Not party to appeal
(Third Defendant)

and

DORIS NGIE-LIK TING Not party to appeal
(Fourth Defendant)

and

MICHAEL WAI-MAN CHOI Not party to appeal
(Fifth Defendant)

BRISBANE

..DATE 23/08/2002

ORDER

THE PRESIDENT: This appeal was filed on 8 April 2002. The appellant has not met any of the times in the timetable provided by the Registry to comply for preparing this matter for appeal.

The undertaking about the record book was due to be filed on 30 April. It was not filed until 3 May 2002. The appellant's outline was originally due on 14 May 2002. This was extended to 30 May and then to 13 June 2002 and finally to 20 June 2002 and is still outstanding.

The settled index was due on 2 July 2002 and the record book was due on 16 July 2002. Those matters are also outstanding. The appellant's legal representatives have been sent a number of letters reminding them of their responsibilities and have been notified in writing of the mention this morning and yet have not appeared. It is most concerning that, as officers of the Court, the solicitors for the appellant have not shown the courtesy to appear this morning and I expect an explanation of that immediately.

In the circumstances, I make the following orders:

The appellants are to comply with the new guidelines for the preparation of this appeal to be issued by the Deputy Registrar Appeals. Non-compliance with any of those guidelines will result in this matter being listed before me for the appellants to show cause why this matter should not be struck out for want of prosecution.

The appellants are to pay the respondents' costs of today's hearing.

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CaseChat Overview and Summary

Jezer Constructions Group Pty Ltd, Magnamain Investments Pty Ltd, Peter Graham Schmith, Doris Ngie-Lik Ting, and Michael Wai-Man Choi were involved in a dispute with Qline Interiors Pty Ltd. The matter was brought before the Queensland Court of Appeal, in which Jezer Constructions Group Pty Ltd was the appellant and Qline Interiors Pty Ltd the respondent. The legal issues addressed in this appeal revolved around the appellant's failure to comply with the timetable and guidelines provided by the Court Registry for preparing the appeal. Specifically, the appellant had not filed the record book, submitted the outline, or complied with the deadlines for the settled index and the record book.

The Court of Appeal found that the appellant had not met any of the deadlines provided by the Registry for preparing the appeal. Despite reminders and notifications, the appellant's legal representatives failed to appear or provide the necessary documents. The Court was concerned that the appellant's solicitors, as officers of the Court, had not shown the courtesy to appear before the Court as required. The Court issued orders that the appellants must comply with the new guidelines for the preparation of the appeal to be issued by the Deputy Registrar Appeals, and that non-compliance with any of those guidelines will result in the matter being listed before the Court for the appellants to show cause why the matter should not be struck out for want of prosecution. Additionally, the appellants were ordered to pay the respondents' costs of the hearing.

The Court of Appeal's decision highlights the importance of compliance with the Court's guidelines and deadlines in the preparation of appeals. The appellant's failure to meet the requirements resulted in the Court issuing strict orders and the appellants being ordered to pay the respondents' costs of the hearing. The decision serves as a reminder to all parties involved in legal proceedings to comply with the Court's requirements to avoid potential consequences.

Qline Interiors Pty Ltd v Jezer Constructions Group Pty Ltd

CaseChat Overview and Summary

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Background to the litigation

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Legal Principle Established