Date: 9 June 2022
Court/Tribunal: District Court of Queensland
Judicial Officer: Dearden DCJ
Human Rights Act 2019 (Qld) Sections: s 31
Rights Considered: Right to fair hearing
Other Legislation: Civil Proceedings Act 2011 (Qld) s 17; Corporations Act 2001 (Cth) ss 131-133, 1335; Property Law Act 1974 (Qld) s 124; Uniform Civil Procedure Rules 1999 (Qld) r 5, 292, 389A, 670 – 672, 690. Keywords: Civil Procedure

The case concerned a claim for damages of a breach of lease regarding a swimming pool. The plaintiff in his written submissions asserted that his right to fair hearing had been breached by the defendant’s solicitors through failing to facilitate the litigation proceeding expeditiously and at a minimum of expense. There was no direct engagement by the Court with human rights considerations.

Visit the judgment: Sandy’s Swim Pty Ltd v Morgan [2022] QDC 131