Court of Appeal (Qld)|2008-11-27|Before: McMurdo J, Muir JA, Murdo J

The applicant file and serve its further outline of submissions on or before 16 January 2009.

Each party's costs of and incidental to this application be its costs in the appeal.

Now, does anybody have any difficulty with that time table?

MUIR JA: Well, there shouldn't be great difficulty, should there, Mr Stephens?

MUIR JA: Because the appeal's not going to come on in January.

MUIR JA: The 28th January. All right. Adjourn the Court.

Raedel & Anor v. Jezer Constructions Group Pty Ltd [2008] QCA 368 (27 November 2008)

In my opinion there is a sufficiently arguable case in this respect for it to be concluded for present purposes that the appellants have an arguable appeal, at least in relation to that component of $62,000. Accordingly, it cannot be said that this is one of those exceptional cases where this Court should strike out an appeal as an abuse of process or otherwise as having no prospects of success. The jurisdiction which the Court is being asked to exercise here is one, it has been said, to be exercised with great caution: see von Risefer & Ors v The State of Queensland & Ors [2005] QCA 136.

Raedel & Anor v. Jezer Constructions Group Pty Ltd [2008] QCA 368 (27 November 2008)

At a glance

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Judgment (7 paragraphs)

Cases Cited (2)

Raedel & Anor v. Jezer Constructions Group Pty Ltd [2008] QCA 368 (27 November 2008)