Queensland Judgments
Henderson v Taylor, Information Commissioner of Queensland
[2006] QCA 490; [2007]2 Qd R 269 (06/3458) Brisb Mackenzie J Philippides J McMurdo J 24/11/2006
Catchwords
APPEAL AND NEW TRIAL – APPEAL – GENERAL PRINCIPLES – INTERFERENCE WITH DISCRETION OF COURT BELOW – IN GENERAL ¬– INJUSTICE – REFUSAL OF ADJOURNMENT – the appellant/applicant requested an adjournment of the contempt hearing before the trial judge – adjournment was refused – whether the trial judge erred in exercising judicial discretion to refuse the adjournment
APPEAL AND NEW TRIAL – APPEAL – GENERAL PRINCIPLES – RIGHT OF APPEAL – WHEN APPEAL LIES – OTHER CASES – whether there is a right of appeal against a judgment dismissing a criminal contempt proceeding
APPEAL AND NEW TRIAL – APPEAL – PRACTICE AND PROCEDURE – QUEENSLAND – SECURITY FOR COSTS – the respondent brought an application for security for costs of this appeal – the application was heard on 25 July 2006 – the application was dismissed initially with costs in favour of the appellant/applicant to be assessed on a standard basis – the appellant/applicant sought costs on an indemnity basis – whether the appellant/applicant is entitled to costs on an indemnity basis
APPEAL AND NEW TRIAL – APPEAL – PRACTICE AND PROCEDURE – QUEENSLAND –¬ POWERS OF COURT – OTHER MATTERS – reasons for judgment in the security for costs application were given by the Court of Appeal on 28 July 2006 – the reasons referred to the appellant/applicant having been a bankrupt – the appellant/applicant argued the reference to bankruptcy was unnecessary – whether the reasons for judgment should be amended
APPEAL AND NEW TRIAL – APPEAL – PRACTICE AND PROCEDURE – QUEENSLAND – HEARING OF APPEAL – appellant/applicant applied for judicial disqualification of certain judges who constituted the Court of Appeal who heard a previous unsuccessful application by the respondent for security for costs – application irrelevant as the Court was differently constituted
