McLeod v Shulin Family Trust Pty Ltd

DISTRICT COURT OF QUEENSLAND CITATION: McLeod & Anor v Shulin Family Trust Pty Ltd [2019] QDC 134 PARTIES: KARENA MCLEOD & ADEN MCLEOD(appellants) and SHULIN FAMILY TRUST PTY LTD (AS TRUSTEE FOR THE SHULIN FAMILY TRUST) (respondent) FILE NO/S: 66/19 DIVISION: Civil PROCEEDING: Appeal pursuant to s 45 Magistrates Court Act 1921 ORIGINATING COURT: Magistrates Court, Cairns DELIVERED ON: 5 August 2019 DELIVERED AT: Cairns HEARING DATE: 29 July and 2 August 2019 JUDGE: Fantin DCJ ORDERS: 1.   Grant the application for leave to appeal. 2.   Allow the appeal. 3.   Set aside the judgment and orders entered in the Magistrates Court on 16 October 2018. 4.   Set aside the enforcement warrant issued in the Magistrates Court on 13 November 2018. 5.   The appellants file and serve an amended defence and counterclaim (if any) within 28 days of today’s date. 6.   The respondent file and serve a reply and answer (if any) within 14 days of receipt of any amended defence and counterclaim. 7.   Remit the proceeding to the Magistrates Court at Cairns for determination by a different Magistrate. 8.   The respondent pay the appellants’ costs of the appeal (if any) on the standard basis. CATCHWORDS: PROCEDURE - CIVIL PROCEEDINGS IN STATE AND TERRITORY COURTS – ENDING PROCEEDINGS EARLY – SUMMARY DISPOSAL – SUMMARY JUDGMENT FOR PLAINTIFF – where an appeal is brought against a decision of a Magistrate to order summary judgment for the plaintiff pursuant to rule 190 Uniform Civil Procedure Rules 1999 (Qld) based on admissions in the...