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- Thomas v Deputy Commissioner of Taxation[2005] QCA 85
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Thomas v Deputy Commissioner of Taxation[2005] QCA 85
Thomas v Deputy Commissioner of Taxation[2005] QCA 85
SUPREME COURT OF QUEENSLAND
PARTIES: | |
FILE NO/S: | |
Court of Appeal | |
PROCEEDING: | Application for Leave s 118 DCA (Civil) |
ORIGINATING COURT: | |
DELIVERED ON: | 1 April 2005 |
DELIVERED AT: | Brisbane |
HEARING DATE: | 16 March 2005 |
JUDGES: | McMurdo P, Cullinane and Jones JJ |
ORDER: | Application for leave to appeal refused |
CATCHWORDS: | PROCEDURE – SUPREME COURT PROCEDURE – QUEENSLAND – PRACTICE UNDER RULES OF COURT – DEFAULT JUDGMENT – where default judgment entered against applicant in Magistrates Court – where magistrate refused application to have default judgement set aside on discretionary grounds after finding service to be irregular – where appeal to District Court refused – where decision of District Court based on finding that service was effected in accordance with rules – whether District Court judge's findings should be revisited – whether leave to appeal should be granted Uniform Civil Procedure Rules 1999 (Qld), r 112, r 283, r 290, r 371 Décor Corporation Pty Ltd v Dart Industries Inc (1991) 33 FCR 397, applied |
COUNSEL: | R A Perry SC for the applicant |
SOLICITORS: | Miller Harris for the applicant |
[1] MCMURDO P: I agree with Jones J's reasons for concluding that the applicant has not demonstrated any grounds to warrant the granting of the application for leave to appeal. The application for leave to appeal should be dismissed with costs to be assessed.
[2] CULLINANE J: For the reasons given by Jones J leave should be refused.