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- Unreported Judgment
- Appeal Determined (QCA)
SUPREME COURT OF QUEENSLAND
Court of Appeal
Application for Leave s 118 DCA (Civil) – Further Order
District Court at Brisbane
Judgment delivered on 27 June 2001
Further Order delivered on 1 February 2002
27 June 2001
Davies, Thomas and Williams JJA
Further Order of the Court
That the application for an indemnity certificate under the Appeal Costs Fund Act 1973 is refused.
APPEAL AND NEW TRIAL – QUEENSLAND – APPEAL COSTS FUND – POWER TO GRANT INDEMNITY CERTIFICATE – WHEN REFUSED – where appeal allowed upon an error of law – where unsuccessful respondent refused an indemnity certificate
Appeal Costs Fund Act 1973 (Qld)
SS Couper QC for the appellant
S Di Carlo for the respondent
 THE COURT: Judgment in this matter was handed down on 27 June 2001. By letter dated 10 January 2002 the solicitors for the unsuccessful respondent have applied for an Indemnity Certificate under s 15 of the Appeal Costs Fund Act 1973.
 As the reasons for judgment indicate, the solicitors for the respondent sought non-party discovery prematurely. When the recipient of that notice, for good reason, refused to comply with it those solicitors applied to the District Court for an order. An order was made in accordance with that application.
 This Court held that the District Court judge erred in law in granting the application – it was still premature, the statement of claim not having been served on the defendant.
 The error was clearly that of the solicitors for the respondent. They initiated the proceeding prematurely and when that was drawn to their attention persisted, in breach of the UCPR, by applying for an order. The fact that the decision of the District Court judge compounded their error does not, in our view, entitle the respondent to an Indemnity Certificate.
 The application for an Indemnity Certificate should be refused.
- Published Case Name:
Knight v Kluver & Anor
- Shortened Case Name:
Knight v Kluver
 QCA 1
Davies JA, Thomas JA, Williams JA
01 Feb 2002
|Event||Citation or File||Date||Notes|
|Primary Judgment|| QDC 66||19 Apr 2001||Primary judgment: Boulton DCJ.|
|Appeal Determined (QCA)|| QCA 254||27 Jun 2001||Leave to appeal granted against an order of the District Court requiring disclosure of documents; appeal allowed: Davies, Thomas and Williams JJA.|
|Appeal Determined (QCA)|| QCA 1||01 Feb 2002||Costs judgment from application for leave to appeal an order of District Court (leave granted  QCA 254): Davies, Thomas and Williams JJA.|