An abuse of process - traditionally: Smith v Lucht [2014] QDC 302

Jackson, Sheryl (2015) An abuse of process - traditionally: Smith v Lucht [2014] QDC 302. Proctor, 35(3), pp. 44-45.

View at publisher

Abstract

In Smith v Lucht [2014] QDC 302 McGill DCJ considered whether in Queensland the concept of abuse of process was sufficiently broad as to encompass circumstances in which the resources of the court and the parties to be expended to determine the claim were out of all proportion to the interest at stake.

Stay of proceedings - abuse of process - whether disproportionality between interest at stake and costs of litigating may amount to abuse of process - plaintiff with good cause of action entitled to pursue it.

Impact and interest:

Citation counts are sourced monthly from Scopus and Web of Science® citation databases.

These databases contain citations from different subsets of available publications and different time periods and thus the citation count from each is usually different. Some works are not in either database and no count is displayed. Scopus includes citations from articles published in 1996 onwards, and Web of Science® generally from 1980 onwards.

Citations counts from the Google Scholar™ indexing service can be viewed at the linked Google Scholar™ search.

Full-text downloads:

34 since deposited on 16 Dec 2015
34 in the past twelve months

Full-text downloads displays the total number of times this work’s files (e.g., a PDF) have been downloaded from QUT ePrints as well as the number of downloads in the previous 365 days. The count includes downloads for all files if a work has more than one.

ID Code: 91304
Item Type: Journal Article
Refereed: Yes
Keywords: stay of proceedings, abuse of process, disproportionality between interest at stake and costs of litigating
ISSN: 1321-8794
Subjects: Australian and New Zealand Standard Research Classification > LAW AND LEGAL STUDIES (180000) > LAW (180100) > Litigation Adjudication and Dispute Resolution (180123)
Divisions: Current > QUT Faculties and Divisions > Faculty of Law
Current > Schools > School of Law
Copyright Owner: Copyright 2015 Queensland Law Society Inc
Deposited On: 16 Dec 2015 06:15
Last Modified: 19 Dec 2015 05:54

Export: EndNote | Dublin Core | BibTeX

Repository Staff Only: item control page