DISTRICT COURT OF QUEENSLAND
CITATION:
Warner v Isaac Regional Council [2015] QDC 186
PARTIES:
JANICE WARNER
(appellant)v
ISAAC REGIONAL COUNCIL
(respondent)FILE NO/S:
35/15
DIVISION:
Civil
PROCEEDING:
Appeal
ORIGINATING COURT:
Magistrates Court, Mackay
DELIVERED ON:
30 July 2015
DELIVERED AT:
Mackay
HEARING DATE:
27 July 2015
JUDGE:
Smith DCJA
ORDER:
1. The appeal is allowed.
2. The order made by the Magistrates Court at Mackay on 19 March 2015 is set aside and in lieu thereof it is ordered that the plaintiff’s application is dismissed and the costs of and incidental to the application are reserved to the trial magistrate.
3. The respondent is to provide further and better particulars of its claim in answer to paragraphs 1(a) and (g) as amended in this judgment and 2 of the appellant’s request dated 10 February 2015.
4. The respondent is to pay the appellant’s costs of and incidental to the appeal to be assessed on the standard basis.
CATCHWORDS:
PRACTICE AND PROCEDURE – APPLICATION FOR SUMMARY JUDGMENT – whether triable issues raised by the appellant – whether further and better particulars of the statement of claim should be ordered
Acts Interpretation Act 1954 (Q) schedule 1
District Court Act 1967 (Q) s 113
Magistrates Court Act 1921 (Q) s 47
Public Health Act 2005 (Q) ss 5, 27, 30, 31, 366, 422
Uniform Civil Procedure Rules 1999 (Q) r 3, 150, 157, 292, 765, 785
Agar v Hyde (2000) 201 CLR 552
Allesch v Maunz (2000) 203 CLR 172
Annetts v McCann (1990) 170 CLR 596.
Batistatos v Roads and Traffic Authority (NSW) (2006) 226 CLR 256
Body Corporate for Sunseeker Apartments v Jasen [2012] QDC 51
Fancourt v Mercantile Credits Ltd (1983) 154 CLR 87
Gardiner v Hornsby Shire Council [2000] NSWLEC 37
Gubbins v Wyndham City Council (2004) 9 VR 620
Isbester v Knox City Council (2015) 320 ALR 432; 89 ALJR 689
JJ Richards & Sons Pty Ltd v Precast Concrete Pty Ltd [2010] QDC 272
Owners of Strata Plan 36131 v Dimitriou [2009] NSWCA 27
Qld Pork Pty Ltd v Lott [2003] QCA 271
Quirindi Shire Council v Gigli (1985) 3 NSWLR 178
Spencer v The Commonwealth (2010) 241 CLR 118
Teelow v Commissioner of Police [2009] 2 Qd R 489
COUNSEL:
Mr S McLennan for the appellant
Solicitors for the respondent
SOLICITORS:
Beckey, Knight and Elliott for the appellant
SR Wallace and Wallace for the respondent
Introduction
This is an appeal against the decision of the Magistrates Court at Mackay given on 19 March 2015 to enter summary judgment against the appellant, to dismiss the appellant’s application for further and better particulars and for the appellant to pay the respondent’s costs.
Nature of the appeal
This appeal is pursuant to s 47 of the Magistrates Court Act 1921 (Q). This section provides:
“47 Jurisdiction of the District Court
On the hearing of an appeal or special case, the…
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- AGLC
- Warner v Isaac Regional Council [2015] QDC 186
- Case
- [2015] QDC 186
- Decision Date
CaseChat Overview and Summary
The primary legal issues the court had to resolve were whether the respondent's application for summary judgment raised any triable issues and whether the respondent should be compelled to provide further and better particulars of their claim. The court considered whether the respondent's statement of claim was sufficiently detailed to warrant summary judgment and if additional information was necessary to allow the appellant to respond adequately to the claims.
The court found that the respondent's application for summary judgment did not raise any triable issues and that the respondent's statement of claim lacked the necessary detail in certain areas. The court also ruled that the respondent should provide further and better particulars to address the deficiencies identified. Consequently, the appeal was allowed, the order made by the Magistrates Court at Mackay was set aside, and the respondent's application for summary judgment was dismissed. Additionally, the respondent was ordered to pay the appellant's costs of the appeal, which were to be assessed on the standard basis.
Orders
Orders of the court
1. The appeal is allowed.
2. The order made by the Magistrates Court at Mackay on 19 March 2015 is set aside and in lieu thereof it is ordered that the plaintiff’s application is dismissed and the costs of and incidental to the application are reserved to the trial magistrate.
3. The respondent is to provide further and better particulars of its claim in answer to paragraphs 1(a) and (g) as amended in this judgment and 2 of the appellant’s request dated 10 February 2015.
4. The respondent is to pay the appellant’s costs of and incidental to the appeal to be assessed on the standard basis.
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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