Arnold Electrical & Data Installations Pty Ltd v Logan Area Group Apprenticeship/Traineeship Scheme Ltd
[2008] QCA 100
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Arnold Electrical & Data Installations Pty Ltd v Logan Area Group Apprenticeship/Traineeship Scheme Ltd [2008] QCA 100
JUDGE(S):
McMurdo P, Fraser JA, Lyons J
DELIVERED ON:
02 May 2008
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Editorial Notes
Published Case Name:
Arnold Electrical & Data Installations P/L v Logan Area Group Apprenticeship/Traineeship Scheme Ltd
Shortened Case Name:
Arnold Electrical & Data Installations Pty Ltd v Logan Area Group Apprenticeship/Traineeship Scheme Ltd
MNC:
[2008] QCA 100
Court:
QCA
Judge(s):
McMurdo P, Fraser JA, Lyons J
Date:
02 May 2008
White Star Case:
Yes
Litigation History
Event
Citation or File
Date
Notes
Primary Judgment
DC106/07 (No Citation)
05 Nov 2007
Appeal from trial judgment in Magistrates Court for dispute on claim under labour supply contract, and counterclaim for restitution for overcharges amounts; Magistrates Court erred in finding that the plaintiff was entitled to be paid an “administrative cost”; allowed an appeal by the defendant against the plaintiff’s judgment but refused the defendant's appeal against the dismissal of its counterclaim: O'Brien DCJ.
Primary Judgment
[2007] QDC 381
20 Dec 2007
Costs following outcome of appeal from Magistrates Court; respondent should pay the appellant's costs of an incidental to the appeal and of an incidental to the proceeding below on the standard basis provided that the appellant is not entitled to any of its costs referrable only to the counter claim either at first instance or on appeal: O'Brien DCJ.
Appeal Determined (QCA)
[2008] QCA 100
02 May 2008
Application for leave to appeal and cross-appeal dismissed with costs; primary judge’s construction of the change clause in the contract was wrong (for reasons not agitated in argument before his Honour), but not persuaded either that there is a substantial argument that the actual decision to set aside the judgment in the plaintiff’s favour was incorrect or that an appeal is necessary to correct any substantial injustice: McMurdo P, Fraser JA and Lyons J.
Appeal Status
Appeal Determined (QCA)
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