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Williams v Griffiths

Williams v Griffiths

Case [2017] QDC 79 6 April 2017

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DISTRICT COURT OF QUEENSLAND

CITATION:

Williams v Griffiths [2017] QDC 79

PARTIES:

WARREN KENNETH WILLIAMS and ANNETTE JOY WILLIAMS
(applicants)

v

JOHN MINTO GRIFFITHS
(respondent)

FILE NO/S:

D308 of 16

DIVISION:

Civil

PROCEEDING:

Appeal

ORIGINATING COURT:

District Court at Southport

DELIVERED ON:

6 April 2017

DELIVERED AT:

Southport

HEARING DATE:

6 February 2017

JUDGE:

Muir DCJ

ORDER:

The application for an extension of time to appeal is dismissed

CATCHWORDS:

EXTENSION OF TIME FOR APPEAL – PRACTICE AND PROCEDURE – RELEVANT CONSIDERATIONS TO EXERCISE OF DISCRETION TO EXTEND TIME FOR APPEAL where applicants are the defendants in a claim by the plaintiff/ respondent for payment of monies due and owing / alternatively damages for trespass – where applicants wish to appeal order for Judgment made in Magistrates Court under UCPR r 374 -where applicants are applying almost one year out of time to extend the time within which to appeal – relevant considerations - whether discretion should be exercised to extend the time within which to appeal.

Uniform Civil Procedure Rules 1999, r 5, r 150, 171, r 292 r 374, r 444, r 748, r 785(1),

ANZ Banking Group Ltd v Barry [1992] 2 Qd R 12, cited
Attorney-General (Qld) v Barnes & Anor [2014] QCA 152, cited
Beil v Mansell [2006] 2 Qd R 199, followed
Chapman v State of Queensland [2003] QCA 172, cited
Creswick v Creswick; Tabtill Pty Ltd v Creswick [2011] QCA 381, cited
Gallo v Dawson (1990) 93 ALR 479, cited
Harris v DJD Earthmoving Pty Ltd[2016] VSCA 188, cited
House v R (1936) 55 CLR 499, followed
Hunter Valley Developments Pty Ltd v Cohen, Minister for Home Affairs and Environment (1984) 7 ALD 315, followed
Johnson v Public Trustee of Queensland as Executor of the Will of Brady (deceased) [2010] QCA 260, followed
Klerck & Ors v Sierocki & Anor [2014] QCA 355, followed
Macquarie International Health Clinic Pty Ltd v Sydney Local Health District [2016] NSWSC 1587, cited
Meredith v Palmcam Pty Ltd [2001] 1 Qd R 645, followed
Morrison v Hudson [2006] 2 Qd R 465, followed
O’Callaghan v Hall [1993] QCA 297, distinguished
Pettitt v Dunkley [1971] 1 NSWLR 376, cited
Queensland Trustees Ltd v Fawckner [1964] Qd R 153, cited
Rodda v Transport Accident Commission [2008] VSCA 276, cited
Spencer v Hutson [2007] QCA 178, cited
Swordheath Properties Ltd v Tabet [1979] 1 WLR 285, cited
Tilley & Ors v Egan [2000] QCA 98, cited
Thomas v St George Bank [2013] QCA 136, cited
Transport Accident Commission v Campbell (2015) 69 MVR 410, cited

COUNSEL:

D. D. Purcell for the applicants

L. D. Bowden for the respondent

SOLICITORS:

Cruise Lawyers for the applicants

Provest Law for the respondent

Background

The plaintiff (the respondent) is the owner of a building located at Ereton Drive, Labrador in South East Queensland. In January 2013, he leased part of the building to the defendants (the applicants) by…

Grounds of appeal

[14] The appellant contends that the primary judge erred in finding that the respondent had discharged the onus of establishing the matters required under the relevant provision.

[15] It was submitted that his Honour failed to give adequate weight to the evidence of the second witness, and that the findings of fact were not reasonably open on the material before the Court.

[16] The respondent, for its part, submits that no error is disclosed, and that the conclusions reached were well within the range of outcomes available to the primary judge.

Consideration

[17] It is convenient to deal first with the question of construction, as the resolution of that issue informs the remaining grounds advanced by the appellant.

[18] For the reasons that follow, we are of the view that the appeal should be allowed in part and the matter remitted for further determination.

Continue reading Williams v Griffiths

Details

AGLC: Williams v Griffiths [2017] QDC 79
Case: [2017] QDC 79
Decision Date: 6 April 2017

CaseChat Overview and Summary

Williams and Griffiths were the applicants in the case, who sought an extension of time to appeal a decision made by the Magistrates Court. The dispute involved a claim by the plaintiff/respondent for payment of monies due and owing or, in the alternative, damages for trespass. The applicants wished to appeal the order for judgment made in the Magistrates Court under UCPR rule 374. The applicants were applying almost one year after the deadline for extending the time within which to appeal.

The primary legal issue before the court was whether the discretion to extend the time within which to appeal should be exercised in this case. The court had to consider the relevant factors that would influence the exercise of this discretion. Specifically, the court had to assess the circumstances surrounding the delay in applying for an extension of time, the merits of the appeal, and whether there were any exceptional circumstances that warranted an extension.

The court considered the delay in applying for an extension of time and found that the applicants had not provided a satisfactory explanation for the delay. The court also assessed the merits of the appeal and found that they were not strong enough to warrant an extension of time. Additionally, the court found that there were no exceptional circumstances that would justify an extension of time. Based on these findings, the court exercised its discretion not to extend the time within which to appeal.

The court dismissed the application for an extension of time to appeal. The applicants were therefore not granted permission to appeal the decision of the Magistrates Court.

Orders

Orders of the court

The application for an extension of time to appeal is dismissed

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.

Citations

AGLC Citation

Williams v Griffiths [2017] QDC 79

Most Recent Citation

Crisp v Qld Law Group - a New Direction Pty Ltd [2018] QDC 42

Cases citing this decision · 1 of 1 shown

Crisp v Qld Law Group - a New Direction Pty Ltd
[2018] QDC 42 Para 1

…hat delay. By comparison, in Biel v Mansell the delay was some 3 and a half years. In Williams v Griffiths [4], it was a few days short of a year. [4][2017] QDC 079.…

View all 1 citing cases →

Cases cited in this decision · 17 of 17 shown

Macquarie International Health Clinic Pty Ltd v Sydney Local Health District; Sydney Local Health District v Macquarie Health Corporation Ltd (No 10)
[2016] NSWSC 1587 Para 1

…isfied.[28] [27] Swordheath Properties Ltd v Tabet [1979] 1 WLR 285; Macquarie International Health Clinic Pty Ltd v Sydney Local Health District [2016] NSWSC 1587 at [166]. [28]See ANZ Banking Group Ltd v Barry [1992] 2 Qd R 12 at [19] per Derrington J.…
Transport Accident Commission v Campbell
[2015] VSCA 7 Para 1

…make it clear to the applicants why they lost. In the circumstances of this case, I do not consider this is a meritorious ground of appeal. [40] Transport Accident Commission v Campbell (2015) 69 MVR 410 [87] per Santamaria JA.…
Klerck v Sierocki
[2014] QCA 355 Para 1

…ime to read the material. She asked the solicitor for the respondent to take a seat while she did so. [3]The authorities of Klerck & Ors v Sierocki [2014] QCA 355 and Johnson v Public Trustee of Queensland as Executor of the Will of Brady (deceased) [2010] QCA 260 were given to the Magistrate.…
Attorney-General for the State of Queensland v Barnes
[2014] QCA 152 Para 1

…pman v State of Queensland [2003] QCA 172 at [3] and Queensland Trustees Ltd v Fawckner [1964] Qd R 153. [6] Attorney-General (Qld) v Barnes & Anor [2014] QCA 152 at [15].…
Plaintiff M76/2013 v Minister for Immigration, Multicultural Affairs and Citizenship
[2013] HCA 53 Para 1

…rris v DJD Earthmoving Pty Ltd [ 2016] VSCA 188 at [30]. [39] Rodda v Transport Accident Commission [2008] VSCA 276 at [98]; Pettitt v Dunkley [1971] 1 NSWLR 376.…
Thomas v St George Bank
[2013] QCA 136 Para 1

…unt the relevant considerations may be deduced from the material before her.[30] This ground of appeal is unmeritorious. [30] Thomas v St George Bank [2013] QCA 136 at 23.…
Tabtill Pty Ltd v Creswick
[2011] QCA 381

…eil v Mansell [2006] 2 Qd R 199, followed Chapman v State of Queensland [2003] QCA 172, cited Creswick v Creswick; Tabtill Pty Ltd v Creswick [2011] QCA 381, cited Gallo v Dawson (1990) 93 ALR 479, cited Harris v DJD Earthmoving Pty Ltd [ 2016] VSCA 188, cited House v R (1936) 55 CLR 499, followed Hunter Valley D…
Johnson v Public Trustee of Queensland as Executor of the Will of Brady (deceased)
[2010] QCA 260 Para 1

…[3]The authorities of Klerck & Ors v Sierocki [2014] QCA 355 and Johnson v Public Trustee of Queensland as Executor of the Will of Brady (deceased) [2010] QCA 260 were given to the Magistrate.…
Rodda v Transport Accident Commission
[2008] VSCA 276 Para 1

…cannot be said that there were no reasons. [38] Harris v DJD Earthmoving Pty Ltd [ 2016] VSCA 188 at [30]. [39] Rodda v Transport Accident Commission [2008] VSCA 276 at [98]; Pettitt v Dunkley [1971] 1 NSWLR 376.…
Spencer v Hutson
[2007] QCA 178 Para 1

…er UCPR r 374 must be exercised with caution, I do not accept that they extend as far as the general proposition contended for by the applicants. [35][2007] QCA 178 at [28], citing the judgment of Muir J in Beil v Mansell [2006] 2 Qd R 199.…
Chapman v State of Queensland
[2003] QCA 172 Para 1

…e exercised judicially.[6] [5]See discussion by Muir J in Beil v Mansell [2006] 2 Qd R 199 at [40]; with reference to Chapman v State of Queensland [2003] QCA 172 at [3] and Queensland Trustees Ltd v Fawckner [1964] Qd R 153. [6] Attorney-General (Qld) v Barnes & Anor [2014] QCA 152 at [15].…
John Gordon Tilley v Egan
[2000] QCA 98 Para 1

…ere must be at least an arguable case.[22] The court will only consider the strength of such an appeal in a general way.[23] [22] Tilley & Ors v Egan [2000] QCA 98 per McMurdo P. [23] Morrison v Hudson [2006] 2 Qd R 465 at [25].…
O'Callaghan v Hall & Anor
[1993] QCA 297

…] NSWSC 1587, cited Meredith v Palmcam Pty Ltd [2001] 1 Qd R 645, followed Morrison v Hudson [2006] 2 Qd R 465, followed O’Callaghan v Hall [1993] QCA 297, distinguished Pettitt v Dunkley [1971] 1 NSWLR 376, cited Queensland Trustees Ltd v Fawckner [1964] Qd R 153, cited Rodda v Transport Accident Commission [200…
Gallo v Dawson (No 2)
[1992] HCA 44

…till Pty Ltd v Creswick [2011] QCA 381 at [15] per Fraser JA, citing Gallo v Dawson (1990) 93 ALR 479 per McHugh J (affirmed in Gallo v Dawson (No 2) (1992) 109 ALR 319).…
Gallo v Dawson
[1990] HCA 30

…Qd R 199, followed Chapman v State of Queensland [2003] QCA 172, cited Creswick v Creswick; Tabtill Pty Ltd v Creswick [2011] QCA 381, cited Gallo v Dawson (1990) 93 ALR 479, cited Harris v DJD Earthmoving Pty Ltd [ 2016] VSCA 188, cited House v R (1936) 55 CLR 499, followed Hunter Valley Developments Pty Ltd v Cohen,…
House v R
[1936] HCA 40 Para 1

…granted. The question is whether the result is so plainly unreasonable or plainly unjust such that a substantial wrong had in fact occurred.[34] [33](1936) 55 CLR 499 at 505. [34] Thomas v St George Bank [2013] QCA 136 at 31.…
[1979] 1 WLR 285
[1979] 1 WLR 285 Para 1

…ent to judgment with the evidentiary onus only shifting once that evidentiary onus has been satisfied.[28] [27] Swordheath Properties Ltd v Tabet [1979] 1 WLR 285; Macquarie International Health Clinic Pty Ltd v Sydney Local Health District [2016] NSWSC 1587 at [166]. [28]See ANZ Banking Group Ltd v Barry [1992] 2…

Legislation cited in this decision · 2

Uniform Civil Procedure Rules 1999 (Qld)
171, 5 3 mentions (from Para 1)
Acts Interpretation Act 1954 (Qld)
1 mention (from Para 1)

CITATION:	Williams v Griffiths [2017] QDC 79
PARTIES:	WARREN KENNETH WILLIAMS and ANNETTE JOY WILLIAMS (applicants) v JOHN MINTO GRIFFITHS (respondent)
FILE NO/S:	D308 of 16
DIVISION:	Civil
PROCEEDING:	Appeal
ORIGINATING COURT:	District Court at Southport
DELIVERED ON:	6 April 2017
DELIVERED AT:	Southport
HEARING DATE:	6 February 2017
JUDGE:	Muir DCJ
ORDER:	The application for an extension of time to appeal is dismissed
CATCHWORDS:	EXTENSION OF TIME FOR APPEAL – PRACTICE AND PROCEDURE – RELEVANT CONSIDERATIONS TO EXERCISE OF DISCRETION TO EXTEND TIME FOR APPEAL where applicants are the defendants in a claim by the plaintiff/ respondent for payment of monies due and owing / alternatively damages for trespass – where applicants wish to appeal order for Judgment made in Magistrates Court under UCPR r 374 -where applicants are applying almost one year out of time to extend the time within which to appeal – relevant considerations - whether discretion should be exercised to extend the time within which to appeal. Uniform Civil Procedure Rules 1999, r 5, r 150, 171, r 292 r 374, r 444, r 748, r 785(1), ANZ Banking Group Ltd v Barry [1992] 2 Qd R 12, cited Attorney-General (Qld) v Barnes & Anor [2014] QCA 152, cited Beil v Mansell [2006] 2 Qd R 199, followed Chapman v State of Queensland [2003] QCA 172, cited Creswick v Creswick; Tabtill Pty Ltd v Creswick [2011] QCA 381, cited Gallo v Dawson (1990) 93 ALR 479, cited Harris v DJD Earthmoving Pty Ltd[2016] VSCA 188, cited House v R (1936) 55 CLR 499, followed Hunter Valley Developments Pty Ltd v Cohen, Minister for Home Affairs and Environment (1984) 7 ALD 315, followed Johnson v Public Trustee of Queensland as Executor of the Will of Brady (deceased) [2010] QCA 260, followed Klerck & Ors v Sierocki & Anor [2014] QCA 355, followed Macquarie International Health Clinic Pty Ltd v Sydney Local Health District [2016] NSWSC 1587, cited Meredith v Palmcam Pty Ltd [2001] 1 Qd R 645, followed Morrison v Hudson [2006] 2 Qd R 465, followed O’Callaghan v Hall [1993] QCA 297, distinguished Pettitt v Dunkley [1971] 1 NSWLR 376, cited Queensland Trustees Ltd v Fawckner [1964] Qd R 153, cited Rodda v Transport Accident Commission [2008] VSCA 276, cited Spencer v Hutson [2007] QCA 178, cited Swordheath Properties Ltd v Tabet [1979] 1 WLR 285, cited Tilley & Ors v Egan [2000] QCA 98, cited Thomas v St George Bank [2013] QCA 136, cited Transport Accident Commission v Campbell (2015) 69 MVR 410, cited
COUNSEL:	D. D. Purcell for the applicants L. D. Bowden for the respondent
SOLICITORS:	Cruise Lawyers for the applicants Provest Law for the respondent