The defendant sought an order that the proceeding be dismissed or stayed, or service be set aside pursuant to r 127 of the Uniform Civil Procedure Rules 1999 (Qld). The defendant applied on the ground that the claim had insufficient prospects of success to warrant putting the defendant to the time, expense and trouble of defending. There was also the question before the courts whether the present proceeding was vexatious or oppressive as the plaintiff’s proceedings in Singapore against the defendant, in respect to the same damages, were dismissed.
Christopher Johnstone (with P L O’Shea QC) appeared for the defendant, instructed by Russells.
The judgment is published here.