SUPREME COURT OF QUEENSLAND
CITATION:
Spencer & Anor v Hutson & Ors [2007] QCA 178
PARTIES:
RICHARD WILLIAM SPENCER in his own capacity and as trustee of THE SPENCER FAMILY TRUST
(third defendant/first applicant)
SILVANA PEROVICH
(fourth defendant/second applicant)
v
ROBERT WILLIAM HUTSON and GINETTE MULLER as receivers and managers of NEOLIDO HOLDINGS PTY LTD ACN 102 472 015 (RECEIVERS AND MANAGERS APPOINTED) (IN LIQUIDATION)
(first plaintiff/first respondent)
NEOLIDO HOLDINGS PTY LTD ACN 102 472 015 (RECEIVERS AND MANAGERS APPOINTED) (IN LIQUIDATION)
(second plaintiff/second respondent)
MANGO BOULEVARD PTY LTD ACN 101 544 601 as trustee for THE MANGO BOULEVARD UNIT TRUST
(first defendant/third respondent)
KINSELLA HEIGHTS DEVELOPMENTS PTY LTD
ACN 100 373 368
(second defendant/fourth respondent)FILE NO/S:
Appeal No 11354 of 2006
SC No 716 of 2006DIVISION:
Court of Appeal
PROCEEDING:
Application for Extension of Time/General Civil Appeal
ORIGINATING COURT:
Supreme Court at Brisbane
DELIVERED ON:
1 June 2007
DELIVERED AT:
Brisbane
HEARING DATE:
24 May 2007
JUDGES:
Williams, Jerrard and Keane JJA
Separate reasons for judgment of each member of the Court, each concurring as to the orders madeORDER:
1. Application for extension of time refused
2. Applicants to pay second respondent's costs of the application
CATCHWORDS:
APPEAL AND NEW TRIAL – APPEAL - PRACTICE AND PROCEDURE – QUEENSLAND – TIME FOR APPEAL – EXTENSION OF TIME – WHEN REFUSED – where applicants indicated intention to seek appeal and stay of judgment three months after summary judgment given – where applicants did not file appeal or make application at that time – where further orders made and not appealed against – where second respondent thereafter incurred cost in pursuing bankruptcy proceedings against applicants – whether extension of time should be granted
Australian Woollen Mills Pty Ltd v The Commonwealth (1954) 92 CLR 424, cited
Beil & Anor v Mansell & Ors [2006] QCA 173; [2006] 2 Qd R 199, applied
In Re McArdle, Decd [1951] Ch 669, applied
Re W & M Roith Ltd [1967] 1 All ER 427, appliedCOUNSEL:
A P Nase for the applicants
T P Sullivan for the first and second respondents
T J Bradley for the third respondent
C J Shepherd (sol) for the fourth respondent
SOLICITORS:
Qld Law Group - A New Direction for the applicants
Mallesons Stephen Jaques for the first and second respondents
Minter Ellison for the third respondent
Tucker & Cowen for the fourth respondent
WILLIAMS JA: I have had the advantage of reading the reasons for judgment of Keane JA and there is nothing I wish to add thereto. I agree with what he has said therein and with the orders he has proposed.
JERRARD JA: I have read the judgment of Keane JA in this matter and agree with the orders and reasons proposed therein.
KEANE JA: On 19 May 2006, the learned primary judge, on an application for summary judgment, ordered that the second plaintiff, Neolido Holdings Pty Ltd (Receivers and Managers Appointed) (In Liquidation) ("Holdings"), recover the sum of…
Continue reading Spencer v Hutson
Sign in free to access the full text
- AGLC
- Spencer v Hutson [2007] QCA 178
- Case
- [2007] QCA 178
- Decision Date
CaseChat Overview and Summary
The court considered the applicants' delay in filing the appeal and their failure to appeal further orders made after the summary judgment. The court held that the applicants' delay in filing the appeal was unreasonable and that the extension of time should not be granted. The court noted that the applicants had not made any effort to file the appeal within the time allowed and that they had not provided any explanation for the delay. The court also noted that the second respondent had incurred costs in pursuing bankruptcy proceedings against the applicants, which was a consequence of the applicants' delay in filing the appeal.
The court held that the applicants' application for an extension of time should be refused. The court also ordered that the applicants pay the second respondent's costs of the application. The court held that the applicants' delay in filing the appeal was unreasonable and that the extension of time should not be granted. The court also noted that the applicants had not provided any explanation for the delay and that the second respondent had incurred costs as a result of the applicants' delay.
In summary, the court refused the applicants' application for an extension of time to appeal the summary judgment. The court held that the applicants' delay in filing the appeal was unreasonable and that the extension of time should not be granted. The court also ordered that the applicants pay the second respondent's costs of the application.
Orders
Orders of the court
1. Application for extension of time refused
2. Applicants to pay second respondent's costs of the application
Background
Background to the litigation
Full text does not contain this section.
Evidence
Evidence Before The Court
Full text does not contain this section.
Decision
Reasons for decision
Full text does not contain this section.
Ratio Decidendi
Legal Principle Established
Full text does not contain this section.