State of Queensland v Honess

[2000] QCA 460

[2000] QCA 460

COURT OF APPEAL

McMURDO P

Appeal No 10966 of 1999

STATE OF QUEENSLAND                   Appellant (Defendant)

and

EDWARD WILLIAM HONESS                Respondent (Plaintiff)

BRISBANE

..DATE 09/11/2000

ORDER

THE PRESIDENT:  The appellant filed an application for leave to appeal on 9 December 1999 against a decision in the District Court on 19 November 1999.  It was an application for leave to appeal for an interlocutory decision refusing to require the respondent's solicitors to provide a copy of a letter of instructions and a medical report following an examination of the respondent in the course of his preparation of his action in a negligence claim.

The respondent has since died and his estate is no longer actively pursuing the action in the District Court. The respondent died intestate and no personal representative has been appointed.  His earlier firm of solicitors have no instructions to continue the action.

In the circumstances, there remains a chance that at some stage in the future the District Court action is reactivated although that seems extremely unlikely on the material placed before me.

The most appropriate course would seem to be at this stage to strike out the application for leave.  These reasons will be transcribed and a copy given to the parties so that if in the future the District Court action is reactivated the application, the State of Queensland, will be well placed to make an application for an extension of time within which for leave to appeal.

The order is the application for leave to appeal is dismissed.  There is no order as to costs.

-----