Catchwords

APPEAL AND NEW TRIAL - APPEAL – GENERAL PRINCIPLES - POINTS AND OBJECTIONS NOT TAKEN BELOW - WHEN NOT ALLOWED TO BE RAISED ON APPEAL - QUESTIONS NOT RAISED ON PLEADINGS OR IN ARGUMENT - GENERALLY - where appellant claimed to have been appointed as the trustee of a trust owing a debt to a company that had been placed in liquidation - where this debt, along with others, had been written off under a settlement deed entered into between the trust, the other respondents and the liquidators - where the appellant had sought orders at first instance to direct the liquidators to pursue these debts notwithstanding the settlement deed - where, on appeal, the appellant only sought a declaration to the effect that he was not personally indebted to the company being liquidated - whether the learned primary judge erred in not making the declaration that the appellant was not personally indebted to the company - whether the contention that the appellant was not personally indebted had ever been litigated below - whether any other error had been shown in the decision of the learned primary judge

APPEAL AND NEW TRIAL - APPEAL – PRACTICE AND PROCEDURE - QUEENSLAND - POWERS OF COURT - COSTS - where the respondents sought an order that the appellant pay their costs of the appeal on the indemnity basis - whether the conduct of the appeal by the appellant had been so unreasonable as to justify an award of costs on the indemnity basis