In McKinless v Van [2024] QDC 68, the appellant, Gale McKinless, contested a magistrate’s decision to dismiss her application for leave to proceed with a lawsuit against Christian Ronald Van for recovery of $61,000. The sum was allegedly paid for building works that were either not started, incomplete, or lacked proper certification. After a relationship of trust developed between McKinless and Van from late 2010 to early 2012, McKinless initiated proceedings in August 2017. Despite various legal challenges, including a delay in prosecution and a cross-application by Van to dismiss due to want of prosecution, Burnett AM, DCJ, allowed the appeal. The court found that the magistrate had erred by not adequately considering McKinless's chances of success and the absence of significant prejudice to Van. Consequently, the earlier decision was set aside, allowing McKinless to proceed with her claim, and the case was transferred to the Queensland Civil & Administrative Tribunal for appropriate handling.
top of page
bottom of page