Sharples v O'Shea & Hanson [2000] QCA 23

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

PROCEDURE - SUPREME COURT PROCEDURE - QUEENSLAND - PLEADING - STATEMENT OF CLAIM - where outcome of application for review brought under the Electoral Act 1992 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

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

Briginshaw v Briginshaw [1938] HCA 34; (1938) 60 CLR 336, followed

G v H [1994] HCA 48; (1994) 181 CLR 387, referred to

Jones v Dunkel [1959] HCA 8; (1959) 101 CLR 298, referred to

Krakowski v Eurolynx Properties Ltd (1995) 183 CLR 563, followed

Onus v Alcoa of Australia Ltd [1981] HCA 50; (1982) 149 CLR 27, followed

Queensland v JL Holdings Pty Ltd [1997] HCA 1; (1996-1997) 189 CLR 146, referred to

Re McHatten v Collector of Customs (1977) 18 ALR 154, referred to

Electoral Act 1992 (Qld) s 3, s 70, s 72, s 75, s 180

Mr P Lyons QC, with him Mr P Roney for the appellant

Mr G Gibson QC, with him Mr P Flanagan for the second respondent