Kristi Riedel (led by D Hooke SC and D Klineberg SC) appeared for the third respondent, instructed by YPOL Lawyers.
The judgment concerned a primary judge’s interlocutory decision dismissing the applicant’s previous application seeking orders to strike out, or alternatively summary determination on parts of the defence and counterclaim filed by the first respondent. The present issue was whether to grant an application brought by applicant for leave to appeal against this decision.
The Court affirmed the decision, finding that the orders were appropriate to advance the expeditious resolution of the real issues in the proceeding at a minimum of expense and consistent with the philosophy of the Uniform Civil Procedure Rules 1999 (Qld). The court ultimately refused the application for leave to appeal and ordered the applicant to pay the first and third respondent’s cost of the application.
The judgment can be read by clicking here
