Catchwords

PROCEDURE – SUPREME COURT PROCEDURE – QUEENSLAND – JURISDICTION AND GENERALLY – SETTING ASIDE JUDGMENTS – where, at trial, the court ordered specific performance of a contract for the sale of land – where the appellant claimed that facts were discovered after the order was made which, had they been discovered before the order was made, would have entitled it to a different order – where the newly discovered facts were that the respondent acted as agent of an undisclosed principal in buying the land under the contract, and the respondent’s solicitors disclosed draft witness statements to another witness – where the appellant applied under UCPR r 668 to the trial judge to have the judgment set aside and the matter reheard – where the trial judge partially stayed the application and otherwise dismissed it – where the appellant subsequently applied to the trial judge to lift the stay and the judge refused to do so – where the appellant seeks an order from the Court of Appeal under r 668 that the original order be set aside, and that the refusal to lift the stay be overturned – whether to set aside the original order on the ground of new facts – whether to lift the stay

PROCEDURE – DISCOVERY AND INSPECTION OF DOCUMENTS – DISCOVERY OF DOCUMENTS – GENERALLY – where the respondent signed a contract as an agent of another company – where the respondent did not disclose the agency authority in the discovery process before the original trial – whether such disclosure was required by r 18 or r 211 UCPR or otherwise