- Unreported Judgment
- Appeal Determined (QCA)
COURT OF APPEAL
P LYONS J
Appeal No 11176 of 2009
SC No 212 of 2008
JAMES LEONARD GEARY(Not party to appeal)/
REJV SERVICES PTY LTDFirst Appellant/
ZINIFEX CENTURY LIMITED(Not party to appeal)/
BRADKEN RESOURCES PTY LIMITEDSecond Appellant/
UNITED GROUP RESOURCES Third Appellant/
(SERVICES) LIMITEDFourth Defendant
DOWNER EDI MINING PTY LTD Respondent/Third Party
CAPENA SURFACE MINING PTY LIMITED(Not party to appeal)/
THE PRESIDENT: The parties have reached agreement as to the substantive orders that should be made in this appeal. Those orders are that by consent the appeal is allowed; the appellants are given leave to re-plead; and the appellants are to pay the respondent's costs of the application below to be assessed, if not agreed. The parties dispute the appropriate costs order to be made in respect of this appeal. The orders about which the parties have now agreed and the correspondence between the parties in Exhibit 3 demonstrate that the appellants' concession, that their pleadings below were not effective, was not made until the hearing of this appeal. In those unusual circumstances, the appropriate order is that the appellants pay the respondent's costs of this appeal to be assessed, if not agreed.
MUIR JA: I agree. Until the concession made during the hearing by counsel for the appellant, the respondent was in a position whereby it was obliged to defend the judgment at first instance.
P LYONS J: I agree.
THE PRESIDENT: Those are the orders of the Court.
- Published Case Name:
Geary v REJV Services Pty Ltd & Ors
- Shortened Case Name:
Geary v REJV Services Pty Ltd
 QCA 35
McMurdo P, Muir JA, P Lyons J
26 Feb 2010
|Event||Citation or File||Date||Notes|
|Primary Judgment|| QSC 289||11 Sep 2009||-|
|Appeal Determined (QCA)|| QCA 35||26 Feb 2010||-|