QLDQCA
Cummings & Anor v Davis & Anor [2001] QCA 293
[2001] QCA 293
Court of Appeal (Qld)|2001-07-27|Before: McMurdo P, Thomas JA, Helman JSeparate reasons for judgment of each, member of the Court, McMurdo P and Helman J concurring as to the orders made, Thomas JA dissenting.
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Source factsCourt
Court of Appeal (Qld)
Decision date
2001-07-27
Before
McMurdo P, Thomas JA, Helman JSeparate reasons for judgment of each, member of the Court, McMurdo P and Helman J concurring as to the orders made
Catchwords
- PROCEDURE – COURTS AND JUDGES GENERALLY – COURTS –
- DISMISSAL OF PROCEEDINGS FOR WANT OF PROSECUTION – PRINCIPLES
- APPLICABLE
- – RELEVANT CONSIDERATIONS – whether primary judge erred in
Source
Original judgment source is linked above.
Catchwords
PROCEDURE – COURTS AND JUDGES GENERALLY – COURTS –DISMISSAL OF PROCEEDINGS FOR WANT OF PROSECUTION – PRINCIPLESAPPLICABLE– RELEVANT CONSIDERATIONS – whether primary judge erred indismissing appellants’ proceeding in negligenceagainst respondents forwant of prosecution – where significant delays in proceedings on part ofboth parties – whererespondents had not complied with rules of court– where dismissal of proceeding permanently denied appellants theopportunityto pursue their claimGronow v Gronow [1979] HCA 63(1979) 144 CLR513, appliedHouse v The King (1936) 55 CLR 499, consideredMacev Murray [1955] HCA 2(1955) 92 CLR 370, consideredQuinlan v Rothwell &Anor [2001] QCA 176Appeal No 8426 of 2000, 11 May 2001, considered
Judgment
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