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Wiltshire v Amos (No 2)[2019] QSC 1

Wiltshire v Amos (No 2)[2019] QSC 1

CITATION: Wiltshire v Amos (No 2) [2019] QSC 1
JUDGE(S): Crow J
DELIVERED ON: 08 January 2019
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Editorial Notes

  • Published Case Name:

    Wiltshire v Amos (No2)

  • Shortened Case Name:

    Wiltshire v Amos (No 2)

  • MNC:

    [2019] QSC 1

  • Court:

    QSC

  • Judge(s):

    Crow J

  • Date:

    08 Jan 2019

Litigation History

EventCitation or FileDateNotes
Primary Judgment[2010] QDC 13825 Mar 2010Amos sued Wiltshire (a barrister) for negligence. Judgment for Amos for the sum of $114,302.17 and interest on the sum of $114,302.17 at the rate of 5% per annum from 2 June 2009 to date which is a sum of $4,629.23: Samios DCJ.
Primary Judgment[2014] QSC 21029 Aug 2014Hearing of matters remitted to Trial Division by the Court of Appeal on 22 August 2012: Martin J.
Primary JudgmentDC1527/09 (No citation)16 Dec 2016[2010] QCA 294 remitted the original matter ([2010] QDC 138) for a retrial. Amos, whilst pursuing many other litigation avenues, took no steps to have the original matter retried. Original proceedings dismissed for want of prosecution: McGill DCJ.
Primary Judgment[2017] QDC 20912 Jul 2017As a consequnce of the orders made in [2016] QCA 77, Wiltshire issued an enforcement warrant against Amos. Amos applied to have the enforement warrent set aside. Application dismissed with costs: Jones DCJ.
Primary Judgment[2018] QSC 22404 Oct 2018[2010] QCA 294 ordered that Amos pay the costs of the Appeal. Amos applied for a review of assessed costs which was allowed in part; assessed costs reduced by $9,600 ($132,463.80 reduced to $122,863.80): Crow J.
Primary Judgment[2019] QSC 108 Jan 2019Final orders and costs in respect of [2018] QSC 224: Crow J.
QCA Interlocutory JudgmentCA 4199/10 (no citation)22 Aug 2012Amos applied to have the decision in [2010] QCA 294 re-opened. The Court of Appeal remitted certain factual questions arising from that application for determinaton by a Judge of the Trial Division.
QCA Interlocutory Judgment[2016] QCA 7029 Mar 2016After the substantive hearing of the application on 25 August 2015 to have the decision in [2010] QCA 294 re-opened and the delivery of orders on 28 August 2015, Amos applied for the orders to be vacated alleging that Gotterson J ought to recuse himself on the ground of apprehended bias. Application dismissed: Gotterson JA.
QCA Interlocutory Judgment[2016] QCA 28003 Nov 2016Application for a direction that that the registrar sign and file the order prepared by the applicant in the proceeding. Application dismissed: Philip McMurdo JA.
Appeal Determined (QCA)[2010] QCA 29422 Oct 2010Appeal from [2010] QDC 138. The Court recieved fresh evidence because Amos failed to provide proper disclosure at the hearing before the District Court. Appeal allowed. Judgment and order of the District Court made on 25 March 2010 set aside. Retrial ordered. The costs of the District Court trial be the appellant’s costs in the cause; the respondent pay the appellant's costs of the appeal; Muir JA and Cullinane and Jones JJ
Appeal Determined (QCA)[2016] QCA 7701 Apr 2016Further hearing of the Application to have the decision in [2010] QCA 294 re-opened after determination of factual issues in [2014] QSC 210. Amos applied for further matters to be considered as part of the rehearing. Both applications dismissed. Amos ordered to repay $200,288.90 to Wiltshire plus costs: Fraser, Gotterson and Philippides JJA.
Appeal Determined (QCA)[2017] QCA 27914 Nov 2017Amos appealed from the decision of McGill DCJ (16 December 2016). Appeal dismissed: Gotterson JA, Morrison JA, Flanagan J.
Appeal Determined (QCA)[2018] QCA 208 [2019] 2 Qd R 23204 Sep 2018Amos applied for leave to appeal from the decision of Jones DCJ ([2017] QDC 209). Leave to appeal refused: Sofronoff P and Flanagan and Brown JJ.
Application for Special Leave (HCA)File Number: B26/1605 May 2016-
Special Leave Refused (HCA)[2011] HCASL 2009 Mar 2011Special leave to appeal from [2010] QCA 294 refused: Gummow J and Kiefel J.
Special Leave Refused (HCA)[2016] HCASL 23512 Oct 2016Special leave to appeal from [2016] QCA 77 refused: Kiefel J and Nettle J.
Special Leave Refused (HCA)[2018] HCASL 11509 May 2018Special leave to appeal from [2017] QCA 279 refused: Gordon and Edelman JJ.

Appeal Status

Appeal Determined - Special Leave Refused (HCA)

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