Court of Appeal

Cleret v Rago [2014] QCA 158 (14/0524) Gotterson and Morrison JJA and Philippides J 15 July 2014

Full-text: QCA14-158.pdf

Catchwords

APPEAL AND NEW TRIAL – APPEAL – PRACTICE AND PROCEDURE – QUEENSLAND – TIME FOR APPEAL – EXTENSION OF TIME – WHEN REFUSED – where judgment was awarded in favour of the respondent who had brought proceedings against the applicant for possession of property – where the applicant sought leave to extend the time for filing the notice of appeal – where the respondent resisted leave being granted on the basis that any appeal has no reasonable prospects of success – where the applicant submits that the trial judge erred in his findings of fact concerning the issue of adverse possession – where the applicant submits that the trial judge erred in fact and law concerning the issue of constructive trust – where the applicant submits that there was a “misexercise of discretion” by the trial judge – where the applicant submits that the trial judge erred in a number of findings of fact and with findings as to the applicant’s credibility – whether the appeal has reasonable prospects of success