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MAV v ABA[2007] QCA 242

 

SUPREME COURT OF QUEENSLAND

 

PARTIES:

FILE NO/S:

DC No 457 of 2005

Court of Appeal

PROCEEDING:

Application for Extension of Time / General Civil Appeal

ORIGINATING COURT:

DELIVERED ON:

Judgment delivered 13 April 2007

Further order delivered 20 July 2007

DELIVERED AT:

Brisbane

HEARING DATE:

27 March 2007

JUDGES:

Jerrard JA, Cullinane and Jones JJ

Judgment of the Court

ORDER:

Amend the order for costs in MAV v ABA [2007] QCA 124 to read: “The State of Queensland as intervenor is to pay the appellant’s costs of the appeal, assessed on the standard basis.”

CATCHWORDS:

APPEAL AND NEW TRIAL – APPEAL – PRACTICE AND PROCEDURE – QUEENSLAND – POWERS OF COURT – COSTS – where the State of Queensland intervened – where the State of Queensland was the true respondent – whether a costs order should be made against the State of Queensland

Uniform Civil Procedure Rules 1999 (Qld), r 388

COUNSEL:

D Honchin for the appellant

S Hinson SC for the intervenor

SOLICITORS:

Purcell Taylor Lawyers for the appellant

Crown Solicitor for the intervenor

[1]  THE COURT: We amend the order for costs in MAV v ABA [2007] QCA 124 in accordance with Uniform Civil Procedure Rules 1999 (Qld), r 388 (“the slip rule”).

[2] The order for costs should read: “The State of Queensland as intervenor is to pay the appellant’s costs of the appeal, assessed on the standard basis.”

Close

Editorial Notes

  • Published Case Name:

    MAV v ABA

  • Shortened Case Name:

    MAV v ABA

  • MNC:

    [2007] QCA 242

  • Court:

    QCA

  • Judge(s):

    Jerrard JA, Cullinane J, Jones J

  • Date:

    20 Jul 2007

Litigation History

EventCitation or FileDateNotes
Primary JudgmentDC457/05 (No Citation)20 Oct 2006Application for compensation pursuant to Criminal Offence Victims Act; applicant fell pregnant after being raped; assessed compensation at $55,000.
Appeal Determined (QCA)[2007] QCA 124 [2008] 1 Qd R 17113 Apr 2007Application for leave (extension of time) granted and appeal allowed; order made in the District Court on 20 October 2006 be varied by substituting for the amount of $55,500 the amount of $65,500; primary judge made inadequate assessment for compensation under Criminal Offence Victims Act; fell pregnant after rape: Jerrard JA, Cullinane and Jones JJ.
Appeal Determined (QCA)[2007] QCA 24220 Jul 2007Slip rule amendment to cost order in [2007] QCA 124: State of Queensland to pay costs: Jerrard JA, Cullinane and Jones JJ.
Appeal Determined (QCA)[2007] QCA 38009 Nov 2007Second amendment to cost order pursuant to slip rule on application by State of Queensland; State appeared as amicus curiae and not as intervener; respondent pay appellant's costs of the appeal but be granted an indemnity costs certificate under s 15 ACF Act: Jerrard JA, Cullinane and Jones JJ.

Appeal Status

Appeal Determined (QCA)

Cases Cited

Case NameFull CitationFrequency
MAV v ABA[2008] 1 Qd R 171; [2007] QCA 124
2 citations

Cases Citing

No judgments on Queensland Judgments cite this judgment.

1

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