SUPREME COURT OF QUEENSLAND
CITATION: Sharples v O’Shea and Hanson [2000] QCA 23 PARTIES: TERRY PATRICK SHARPLES
(plaintiff/first respondent)
v
DESMOND J O’SHEA
(first defendant/second respondent)
PAULINE LEE HANSON as representative of herself and all members of PAULINE HANSON’S ONE NATION (as registered under the Electoral Act 1992 (Qld))
(second defendant/appellant)FILE NO/S: Appeal No 7592 of 1999
SC No 6318 of 1998DIVISION: Court of Appeal PROCEEDING: General Civil Appeal ORIGINATING COURT: Supreme Court at Brisbane
DELIVERED ON: 10 March 2000 DELIVERED AT: Brisbane HEARING DATE: 23 November 1999, 2 December 1999, 17 February 2000, 18 February 2000, 6 March 2000, 7 March 2000, 10 March 2000 JUDGES: de Jersey CJ, McMurdo P, Helman J
Separate reasons for judgment of each member of the Court, each concurring as to the orders made.ORDER: Appeal dismissed.
Appellant to pay the first respondent’s costs, including any reserved costs, to be assessed.
No order as to costs between the appellant and the second respondent.CATCHWORDS: ADMINISTRATIVE LAW – STATUTORY APPEALS FROM ADMINISTRATIVE AUTHORITIES TO COURTS – APPEALS FROM PARTICULAR AUTHORITIES – appeal against outcome of application for review of decision of Electoral Commission to register political party – whether Trial Judge erred in finding first respondent had standing to bring application – whether first respondent affected by the decision reviewed –application brought out of time – whether Trial Judge erred in exercising her discretion to extend time limit
PROCEDURE – SUPREME COURT PROCEDURE – QUEENSLAND – PLEADING – STATEMENT OF CLAIM – where outcome of application for review brought under the Electoral Act 1992 appealed – whether Trial Judge’s decision was based on issues outside those identified by the pleadings – intended reading of statement of claim – whether Trial Judge’s assessment of the pleading realistic in the context of the actual conduct of the trial – whether Trial Judge’s late ruling as to effect of pleadings prejudiced fair conduct of appellant’s defence - whether Trial Judge erred in permitting late amendment of statement of claim
APPEAL AND NEW TRIAL – APPEAL – GENERAL PRINCIPLES – INTERFERENCE WITH JUDGE’S FINDINGS OF FACT – IN GENERAL – whether Trial Judge erred in acting on the evidence of witnesses called for the first respondent where contrary objective evidence existed – whether cumulative effect of that material excluded conclusion drawn from witness’ evidence –where no contradictory oral evidence on appellant’s part
Briginshaw v Briginshaw (1938) 60 CLR 336, followed
G v H (1994) 181 CLR 387, referred to
Jones v Dunkel (1959) 101 CLR 298, referred to
Krakowski v Eurolynx Properties Ltd (1995) 183 CLR 563, followed
Onus v Alcoa of Australia Ltd (1982) 149 CLR 27, followed
Queensland v JL Holdings Pty Ltd (1996-1997) 189 CLR 146, referred to
Re McHatten v Collector of Customs (1977) 18 ALR 154, referred toElectoral Act 1992 (Qld) s 3, s 70, s 72, s 75, s 180
COUNSEL: Mr P Lyons QC, with him Mr P Roney for the…
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- Case
- [2000] QCA 23
- Decision Date
CaseChat Overview and Summary
The court was required to determine whether the Trial Judge erred in finding that the first respondent had standing to bring the application, considering the effect of the decision reviewed on the first respondent. The court also needed to assess whether the application was brought out of time and if the Trial Judge's decision to extend the time limit was appropriate. Additionally, the court had to consider whether the Trial Judge's assessment of the pleadings was realistic in the context of the actual conduct of the trial and whether the Trial Judge's late ruling prejudiced the fair conduct of the appellant's defence. Finally, the court had to examine whether the Trial Judge erred in permitting the late amendment of the statement of claim.
The court found that the Trial Judge did not err in her findings, as the evidence presented by the first respondent was not contradicted by any oral evidence from the appellant. The court held that the Trial Judge's assessment of the pleadings was realistic and did not prejudice the fair conduct of the appellant's defence. Furthermore, the court found that the Trial Judge did not err in permitting the late amendment of the statement of claim. Therefore, the appeal was dismissed, and the appellant was ordered to pay the first respondent's costs, including any reserved costs, to be assessed. There was no order as to costs between the appellant and the second respondent.
Orders
Orders of the court
Appeal dismissed.
Appellant to pay the first respondent’s costs, including any reserved costs, to be assessed.
No order as to costs between the appellant and the second respondent.
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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