Court of Appeal (Qld)|2000-03-10|Before: de Jersey CJ, McMurdo P, Helman JSeparate reasons for judgment of each, member of the Court, each concurring as to the orders made.
de Jersey CJ, McMurdo P, Helman JSeparate reasons for judgment of each, member of the Court, each concurring as to the orders made.
Catchwords
ADMINISTRATIVE LAW – STATUTORY APPEALS FROM ADMINISTRATIVE
AUTHORITIES TO COURTS – APPEALS FROM PARTICULAR AUTHORITIES
– appeal
against outcome of application for review of decision of Electoral Commission to
Source
Original judgment source is linked above.
Catchwords
ADMINISTRATIVE LAW – STATUTORY APPEALS FROM ADMINISTRATIVEAUTHORITIES TO COURTS – APPEALS FROM PARTICULAR AUTHORITIES– appealagainst outcome of application for review of decision of Electoral Commission toregister political party –whether Trial Judge erred in finding firstrespondent had standing to bring application – whether first respondentaffectedby the decision reviewed –application brought out of time –whether Trial Judge erred in exercising her discretion toextend timelimitPROCEDURE – SUPREME COURT PROCEDURE – QUEENSLAND– PLEADING – STATEMENT OF CLAIM – where outcome ofapplicationfor review brought under the Electoral Act 1992 appealed – whetherTrial Judge’s decision was based on issues outside those identified by thepleadings – intendedreading of statement of claim – whether TrialJudge’s assessment of the pleading realistic in the context of the actualconduct of the trial – whether Trial Judge’s late ruling as to
effect of pleadings prejudiced fair conduct of appellant’s
defence -
whether Trial Judge erred in permitting late amendment of statement of
claimAPPEAL AND NEW TRIAL – APPEAL – GENERAL PRINCIPLES
– INTERFERENCE WITH JUDGE’S FINDINGS OF FACT – IN
GENERAL
– whether Trial Judge erred in acting on the evidence of witnesses called
for the first respondent where contrary objective
evidence existed –
whether cumulative effect of that material excluded conclusion drawn from
witness’ evidence –where
no contradictory oral evidence on
appellant’s partBriginshaw v Briginshaw [1938] HCA 34
(1938) 60 CLR 336,
followedG v H [1994] HCA 48
(1994) 181 CLR 387, referred to Jones v
Dunkel [1959] HCA 8
(1959) 101 CLR 298, referred toKrakowski v Eurolynx Properties
Ltd (1995) 183 CLR 563, followedOnus v Alcoa of Australia Ltd
[1981] HCA 50
(1982) 149 CLR 27, followedQueensland v JL Holdings Pty Ltd
[1997] HCA 1
(1996-1997) 189 CLR 146, referred toRe McHatten v Collector of
Customs (1977) 18 ALR 154, referred toElectoral Act 1992
(Qld) s 3, s 70, s 72, s 75, s 180
Judgment (13 paragraphs)
[1]
ADMINISTRATIVE LAW - STATUTORY APPEALS FROM ADMINISTRATIVE AUTHORITIES TO COURTS - APPEALS FROM PARTICULAR AUTHORITIES - appeal against outcome of application for review of decision of Electoral Commission to register political party - whether Trial Judge erred in finding first respondent had standing to bring application - whether first respondent affected by the decision reviewed -application brought out of time - whether Trial Judge erred in exercising her discretion to extend time limit
[2]
PROCEDURE - SUPREME COURT PROCEDURE - QUEENSLAND - PLEADING - STATEMENT OF CLAIM - where outcome of application for review brought under the Electoral Act1992 appealed - whether Trial Judge's decision was based on issues outside those identified by the pleadings - intended reading of statement of claim - whether Trial Judge's assessment of the pleading realistic in the context of the actual conduct of the trial - whether Trial Judge's late ruling as to effect of pleadings prejudiced fair conduct of appellant's defence - whether Trial Judge erred in permitting late amendment of statement of claim
[3]
APPEAL AND NEW TRIAL - APPEAL - GENERAL PRINCIPLES - INTERFERENCE WITH JUDGE'S FINDINGS OF FACT - IN GENERAL - whether Trial Judge erred in acting on the evidence of witnesses called for the first respondent where contrary objective evidence existed - whether cumulative effect of that material excluded conclusion drawn from witness' evidence -where no contradictory oral evidence on appellant's part