SUPREME COURT OF QUEENSLAND
CITATION:
Ure v Robertson [2017] QCA 20
PARTIES:
LYNNE KATHLEEN URE
v
PATRICIA JUNE ROBERTSON
(appellant)
RONALD URE
(respondent)
SUMMERHILL PROPERTY DEVELOPMENTS PTY LTD
(not a party to the appeal)
ACN 010 558 460
(not a party to the appeal)FILE NO/S:
Appeal No 10555 of 2016
SC No 2634 of 2007DIVISION:
Court of Appeal
PROCEEDING:
General Civil Appeal
ORIGINATING COURT:
Supreme Court at Brisbane – [2016] QSC 210DELIVERED ON:
28 February 2017
DELIVERED AT:
Brisbane
HEARING DATE:
3 February 2017
JUDGES:
Gotterson and Morrison JJA and Bond J
Separate reasons for judgment of each member of the Court, each concurring as to the orders madeORDERS:
Appeal dismissed with costs.
CATCHWORDS:
PROCEDURE – CIVIL PROCEEDINGS IN STATE AND TERRITORY COURTS – COURT SUPERVISION – WANT OF PROSECUTION OR LACK OF PROGRESS – where the appellant filed a claim in March 2007 and the respondent filed a counterclaim in September 2010 – where the appellant provided a list of documents in March 2015 without obtaining an order of the Court – where UCPR r 389 provided that if no step was taken in a proceeding for two years, a new step could not be taken without an order of the Court – where UCPR r 371(2)(d) empowered the Court to declare a step taken in breach of the UCPR to be effectual – where the respondent applied for an order dismissing the claim for want of prosecution and declaring ineffectual the delivery of the list of documents – where the primary judge dismissed the claim and counterclaim for want of prosecution – whether the delivery of the list of documents constituted a step having been taken within the meaning of r 389(2) – whether the discretion of the primary judge miscarried
Bankruptcy Act 1966 (Cth), s 58(3), s 60(2)
Rules of the Supreme Court, O 90 r 9, O 93 r 17, O 93 r 18
Uniform Civil Procedure Rules 1999 (Qld), r 5, r 280, r 371, r 389House v The King (1936) 55 CLR 499; [1936] HCA 40, cited
Luka Brewery v Grundmann [1985] 2 Qd R 204, cited
Perez v Transfield (Qld) Pty Ltd [1979] Qd R 444, considered
Tyler v Custom Credit Corp Ltd[2000] QCA 178, cited
Ure v Robertson [2016] QSC 210, citedCOUNSEL:
M D Evans for the appellant
B T Porter QC, with G Dietz, for the respondentSOLICITORS:
HopgoodGanim Lawyers for the appellant
Tucker & Cowen Solicitors for the respondent
GOTTERSON JA: I agree with the orders proposed by Bond J and with the reasons given by his Honour.
MORRISON JA: I have read the reasons of Bond J and agree with those reasons and the orders his Honour proposes.
BOND J:
Introduction
By order made on 16 September 2016 the learned primary judge dismissed for want of prosecution –
(a)the claim brought by Mrs Ure (as plaintiff) against Ms Robertson (as defendant); and also
(b)the counterclaim brought by…
Continue reading Ure v Robertson
Sign in free to access the full text
- AGLC
- Ure v Robertson [2017] QCA 20
- Case
- [2017] QCA 20
- Decision Date
CaseChat Overview and Summary
The central legal issues revolved around whether the delivery of the list of documents constituted a step within the meaning of r 389(2), and whether the primary judge's discretion was exercised correctly. The appellant argued that the delivery of the list of documents did not constitute a step, and that the primary judge had misapplied the discretionary considerations. The court needed to determine if the primary judge's decision to dismiss the proceedings was justified under the relevant rules and principles of judicial discretion.
The court found that the delivery of the list of documents indeed constituted a step within the meaning of UCPR r 389(2). The court further held that the primary judge's exercise of discretion was not erroneous, as it was based on the appellant's prolonged inactivity and the respondent's reasonable expectations of progress. The court found no miscarriage of discretion, affirming the primary judge's decision to dismiss both the claim and counterclaim for want of prosecution.
The court dismissed the appeal with costs, upholding the primary judge's decision. The respondent was awarded costs of the appeal.
Orders
Orders of the court
Appeal dismissed with costs.
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.