National Australia Bank Ltd v Freeman [2001] QCA 473
[2001] QCA 473
Court of Appeal (Qld)|2001-11-02|Before: Davies and Thomas JJA, White JSeparate reasons for judgment of each, member of the Court, each concurring as to the order made
Davies and Thomas JJA, White JSeparate reasons for judgment of each, member of the Court, each concurring as to the order made
Catchwords
APPEAL AND NEW TRIAL – PRACTICE AND PROCEDURE – QUEENSLAND
– POWERS OF COURT – FURTHER EVIDENCE – application
for leave
to tender bank memorandum with indecipherable annotation, disclosed but not
Source
Original judgment source is linked above.
Catchwords
APPEAL AND NEW TRIAL – PRACTICE AND PROCEDURE – QUEENSLAND– POWERS OF COURT – FURTHER EVIDENCE – applicationfor leaveto tender bank memorandum with indecipherable annotation, disclosed but notutilised at trial – application for leaveto tender parliamentarycommittee report, published after trialEQUITY – GENERAL PRINCIPLES– UNDUE INFLUENCE AND DURESS – DURESS – whether Deed ofMediation should be setaside on basis of economic duress and specialdisadvantage – whether trial judge applied appropriate test in determiningwhetherthe appellant was suffering from stress and anxiety at the time ofmediation – further requirement that other party has knowledgeofincapacity – whether the appellant was able to satisfactorily conduct hisaffairs and protect his own interests –whether the Deed of Mediation wascompromisedEQUITY – GENERAL PRINCIPLES – FRAUDULENT ANDINNOCENT MISREPRESENTATION – MATERIALITY, INDUCEMENT AND RELIANCE UPON
REPRESENTATION – whether alleged misrepresentation as to value of
property – alleged deliberate claim for false amount
– alleged
deceptive conduct in refusal to support interest subsidy application
PRACTICE UNDER RULES OF COURT – AMENDMENT – whether
trial judge
should have allowed plaintiff/respondent to amend reply and answer, where no
prejudice to defendant/appellantPROCEDURE – COSTS – APPEALS
AS TO COSTS – DISCRETION – whether trial judge erred in exercising
discretion
to award costs on an indemnity basisAPPEAL AND NEW TRIAL
– APPEAL – GENRAL PRINCIPLES – IN GENERAL AND RIGHT OF APPEAL
– NATURE OF RIGHT –
SUBSTANTIVE RIGHT OR MATTERS OF PROCEDURE -
Statutory restriction prohibiting appeal against costs order without leave of
trial judge
Supreme Court Act 1995 (Qld), s 253
Uniform Civil Procedure Rules (Qld), r 689(1), r 704(1),
r 704(3)
AGC (Advances) Ltd v West
Cranston (1985-6) 5 NSWLR 301,
consideredBarton v Armstrong [1976] AC 104, consideredBegbie v
State Bank of New South Wales Ltd [1993] FCA 579
(1994) ATPR 41-288,
consideredBrunskill v Sovereign Marine & General Insurance Co.
[1985] HCA 61
(1985) 62 ALR 53, distinguishedCrescendo Management v Westpac (1988)
19 NSWLR 40, consideredDevries v Australian National Railways
Commission (1993) 177 CLR 472, consideredRe Golden Casket Art Union
Office [1994] QCA 480
[1995] 2 Qd R 346, consideredImperial Loan Co v Stone
[1892] 1 QB 599, consideredSandtara Pty Ltd v Australian European Finance
Corporation Ltd (1990) 20 NSWLR 82, consideredWestpac v Cockerill
(1998) 152 ALR 267, considered
Judgment (14 paragraphs)
[1]
PROCEDURE - SUPREME COURT PROCEDURE - QUEENSLAND - PRACTICE UNDER RULES OF COURT - AMENDMENT - whether trial judge should have allowed plaintiff/respondent to amend reply and answer, where no prejudice to defendant/appellant
[2]
PROCEDURE - COSTS - APPEALS AS TO COSTS - DISCRETION - whether trial judge erred in exercising discretion to award costs on an indemnity basis
[3]
APPEAL AND NEW TRIAL - APPEAL - GENRAL PRINCIPLES - IN GENERAL AND RIGHT OF APPEAL - NATURE OF RIGHT - SUBSTANTIVE RIGHT OR MATTERS OF PROCEDURE - Statutory restriction prohibiting appeal against costs order without leave of trial judge
[4]
Supreme Court Act 1995 (Qld), s 253 Uniform Civil Procedure Rules (Qld), r 689(1), r 704(1), r 704(3)