No variance for filed orders: Hayes v Westpac Banking Corporation [2015] QCA 260
Data(s) |
01/03/2016
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Resumo |
In Hayes v Westpac Banking Corporation [2015] QCA 260 the Queensland Court of Appeal examined the relationship between rules 7 (extending and shortening time) and 667 (setting aside) of the Uniform Civil Procedure Rules 1999 (Qld), and held that r667(1) does not enable the court to set aside or vary an order after the order has been filed. The court found that, to the extent that this conclusion was contrary to the decision in McIntosh v Linke Nominees Pty Ltd [2010] 1 Qd R 152, the decision in McIntosh was wrong and should not be followed. |
Formato |
application/pdf |
Identificador | |
Publicador |
Queensland Law Society Inc |
Relação |
http://eprints.qut.edu.au/94096/3/94096.pdf http://proctor.qls.com.au/default.aspx?iid=137501&startpage=page0000044#folio=44 Jackson, Sheryl (2016) No variance for filed orders: Hayes v Westpac Banking Corporation [2015] QCA 260. Proctor, 36(2), pp. 42-43. |
Direitos |
Copyright 2016 The Author |
Fonte |
Faculty of Law; School of Law |
Palavras-Chave | #180123 Litigation Adjudication and Dispute Resolution #UCPR r667 #UCPR r7 #setting aside judgments #whether time may be extended after order filed |
Tipo |
Journal Article |