QLDQCA
Smiley v Watson & Anor [2001] QCA 269
[2001] QCA 269
Court of Appeal (Qld)|2001-07-20|Before: Davies JA, McPherson JA, Williams JASeparate reasons for judgment of, each member of the Court, each concurring as to the order made.
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Source factsCourt
Court of Appeal (Qld)
Decision date
2001-07-20
Before
Davies JA, McPherson JA, Williams JASeparate reasons for judgment of, each member of the Court, each concurring as to the order made.
Catchwords
- PROCEDURE – MISCELLANEOUS PROCEDURAL MATTERS – OTHER MATTERS
- – whether leave to proceed was required – whether
- obtaining a
- document pursuant to a notice of third party discovery constitutes taking a step
Source
Original judgment source is linked above.
Catchwords
PROCEDURE – MISCELLANEOUS PROCEDURAL MATTERS – OTHER MATTERS– whether leave to proceed was required – whetherobtaining adocument pursuant to a notice of third party discovery constitutes taking a stepin the proceeding PROCEDURE – INFERIOR COURTS – QUEENSLAND– DISTRICT COURTS – CIVIL JURISDICTION – JURISDICTION –SUBJECT MATTER – action for damages for personal injuries – wherematter commenced in Magistrates Court – wheretransfer to District Courtsought - whether the District Court had jurisdiction to hear and determine anapplication for leave toproceed – whether transfer from District Courtconstituted a step in proceedingsDistrict Court Act 1967 (Qld) s79, s 118Uniform Civil Procedure Rules r 389(2)Burns vKorff (1982) 8 QL 201, citedCiticorp Australia Limited v Metropolitan Public Abattoir Board [1992] 1Qd R 592, appliedDecandia v Parker OS 163 of 1979, judgment 4 May 1979, consideredI H Dempster Nominees Pty Ltd v Chemgoods Pty Ltd [1993] 2 Qd R 377,