Monsour v C & R Darvill Pty Ltd [2026] QCA 3
APPEAL AND NEW TRIAL – APPEAL – GENERAL PRINCIPLES – RIGHT OF APPEAL – WHEN APPEAL LIES – ERROR OF LAW – WHAT IS – DISTINCTION BETWEEN QUESTION OF LAW AND QUESTION OF FACT
Madden (Receiver) v Mining Standards International Pty Ltd [2025] FCAFC 142
PRACTICE AND PROCEDURE – whether primary judge erred in refusing to permanently stay proceeding as an abuse of process of the Court – whether leave to appeal should be granted – where proceeding overlaps in part with proceeding determined by Supreme Court of Western Australia and by subsequent declaration made by Court of Appeal – application of correctness standard and principles relevant to stay for abuse of process – risk of findings inconsistent with declaration – staged litigation – leave granted and appeal allowed