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Geary v REJV Services Pty Ltd

 

[2010] QCA 35

 

COURT OF APPEAL

 

 

McMURDO P

MUIR JA

P LYONS J

 

 

Appeal No 11176 of 2009

SC No 212 of 2008

 

 

JAMES LEONARD GEARY(Not party to appeal)/

Plaintiff

 

and

 

REJV SERVICES PTY LTDFirst Appellant/

First Defendant

 

and

 

ZINIFEX CENTURY LIMITED(Not party to appeal)/

Second Defendant

 

and

 

BRADKEN RESOURCES PTY LIMITEDSecond Appellant/

Third Defendant

 

and

 

UNITED GROUP RESOURCES Third Appellant/

(SERVICES) LIMITEDFourth Defendant

 

and

 

DOWNER EDI MINING PTY LTD Respondent/Third Party

 

and

 

CAPENA SURFACE MINING PTY LIMITED(Not party to appeal)/

Third Party

 

 

BRISBANE 

 

DATE 26/02/2010

 

JUDGMENT

 

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.

Close

Editorial Notes

  • Published Case Name:

    Geary v REJV Services Pty Ltd & Ors

  • Shortened Case Name:

    Geary v REJV Services Pty Ltd

  • MNC:

    [2010] QCA 35

  • Court:

    QCA

  • Judge(s):

    McMurdo P, Muir JA, P Lyons J

  • Date:

    26 Feb 2010

Litigation History

Event Citation or File Date Notes
Primary Judgment [2009] QSC 289 11 Sep 2009 -
Appeal Determined (QCA) [2010] QCA 35 26 Feb 2010 -

Appeal Status

{solid} Appeal Determined (QCA)