Gray v Hopcroft & Anor [2000] QCA 144

SUPREME COURT OF QUEENSLAND

CITATION:

Gray v Hopcroft & Anor [2000] QCA 144

PARTIES:

PATRICIA MAY GRAY

(applicant/plaintiff)

v

STANLEY CECIL HOPCROFT

(defendant)

STATE OF QUEENSLAND

(respondent/second defendant)

FILE NO/S:

Appeal No 1947 of 2000

DC No 31 of 1997

DIVISION:

Court of Appeal

PROCEEDING:

Application for leave s 118 DCA (Civil)

ORIGINATING COURT:

District Court at Brisbane

DELIVERED ON:

28 April 2000

DELIVERED AT:

Brisbane

HEARING DATE:

3 April 2000

JUDGES:

Thomas JA, Ambrose and Helman JJ

Separate reasons for judgment of each member of the court, each concurring as to the orders made

ORDERS:

Application for leave to appeal against orders of the District Court 4 February 2000 dismissed

Application for leave to appeal against orders made for costs dismissed

CATCHWORDS:

PROCEDURE - COSTS - DEPARTING FROM THE GENERAL RULE - OTHER CONDUCT - where concession made at various stages of application

PROCEDURE - QUEENSLAND - PRACTICE UNDER RULES OF COURT - STAYING PROCEEDINGS - where applicant with a disability residing in North Queensland refused to attend examination by psychiatrist in Brisbane - whether respondent required to provide a panel of examiners in North Queensland

APPEAL AND NEW TRIAL - INTERFERENCE WITH DISCRETION OF COURT BELOW - OTHER MATTERS - where exercise of discretion by chamber judge in an interlocutory matter

Adam P. Brown Male Fashions Pty Ltd v Phillip Morris Inc and Anor [1981] HCA 39; (1981) 148 CLR 170, considered

Lawrence v Oil Drilling and Exploration (Qld) Pty Ltd v Anor (1967) QWN 4, considered

COUNSEL:

J Webb for the applicant

P Keane QC, with J Dalton for the respondent

SOLICITORS:

Arnell & Cooper for the applicant

Minter Ellison for the respondent