Sheldrick v Sheldrick

[2020] QCA 208

[2020] QCA 208

COURT OF APPEAL

McMURDO JA

Appeal No 7427 of 2020
DC No 1362 of 2020

DANIEL GARY SHELDRICK  Respondent/Applicant

v

NICKI LEE SHELDRICK  Appellant/Respondent

BRISBANE

THURSDAY, 24 SEPTEMBER 2020

JUDGMENT

McMURDO JA:  This is an application for the summary dismissal of an appeal against an order of the District Court for the appointment of statutory trustees for sale of a property owned by the applicant and the respondent. They are siblings who inherited the property, and it is currently the appellant’s residence.

When the matter was called this morning, there was no appearance by the appellant, and I am satisfied that the application has been duly notified to her.

The application is made on the basis that the notice of appeal reveals no arguable ground.  In such cases, it is often difficult for a party without legal representation to understand that a co-owner has an entitlement to an order of this kind, except in very limited and exceptional circumstances.  What is said in the notice of appeal does not indicate that this is such a case.

Further, the appellant has failed to comply with the directions made by the Registrar for an outline of argument and a list of authorities, and there appears to be now no likelihood that those documents will be forthcoming.  I have signed a draft order in the terms which I have just described.