QLDQCA
Quinlan v Rothwell & Anor [2001] QCA 176
[2001] QCA 176
Court of Appeal (Qld)|2001-05-11|Before: de Jersey CJ, Thomas JA and Mackenzie JSeparate reasons for judgment of, each member of the Court, each concurring as to the orders made
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Source factsCourt
Court of Appeal (Qld)
Decision date
2001-05-11
Before
de Jersey CJ, Thomas JA and Mackenzie JSeparate reasons for judgment of, each member of the Court, each concurring as to the orders made
Catchwords
- PROCEDURE – SUPREME COURT PROCEDURE – QUEENSLAND –
- PRACTICE UNDER RULES OF COURT – TIME – DELAY SINCE
- LAST PROCEEDING
- – OTHER MATTERS – where significant delay by both parties in
Source
Original judgment source is linked above.
Catchwords
PROCEDURE – SUPREME COURT PROCEDURE – QUEENSLAND –PRACTICE UNDER RULES OF COURT – TIME – DELAY SINCELAST PROCEEDING– OTHER MATTERS – where significant delay by both parties inconducting action for damages for defamation– where past failure byappellant to comply with rules of disclosure – where appellant hadcomplied with latest orderfor disclosurePROCEDURE – COURTS ANDJUDGES GENERALLY – COURTS – DISMISSAL OF PROCEEDINGS FOR WANT OFPROSECUTION – PRINCIPLESAPPLICABLE –principles under UniformCivil Procedure Rules re dismissals for want of prosecution or for noncompliance with directions or rules of court – increasing importance ofexpeditiousresolution of litigation – however broad brush dismissal forlong delay inappropriate – need for analysis of actual likelyeffect ontrial - where action dismissed at a time when parties nearly ready for trial– application of r 5, 280 and 371 Uniform Civil Procedure Rules