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Gold Coast Commerce Club Inc v Body Corporate for Surfers Plaza Resort Community Titles Scheme 6388 (No 3)[2009] QCA 255

Gold Coast Commerce Club Inc v Body Corporate for Surfers Plaza Resort Community Titles Scheme 6388 (No 3)[2009] QCA 255

 

SUPREME COURT OF QUEENSLAND

 

PARTIES:

FILE NO/S:

Court of Appeal

PROCEEDING:

General Civil Appeals – Further Order

ORIGINATING COURT:

DELIVERED ON:

Judgment delivered 21 August 2009

Further orders delivered 28 August 2009

Further order delivered 1 September 2009

DELIVERED AT:

Brisbane

HEARING DATE:

Heard on the papers

JUDGES:

Keane and Holmes JJA and Mullins J

Judgment of the Court

FURTHER
ORDER:


Application refused

CATCHWORDS:

APPEAL AND NEW TRIAL – APPEAL - PRACTICE AND PROCEDURE – QUEENSLAND – APPEAL COSTS FUND – POWER TO GRANT INDEMNITY CERTIFICATE – WHEN REFUSED – where respondent applied for indemnity certificate – where indemnity certificate available only with respect to errors of law – where appeal allowed on errors of fact – whether indemnity certificate should issue

Appeal Costs Fund Act 1973 (Qld), s 15

COUNSEL:

A J H Morris QC, with C A Wilkins, for the appellants

M D Hinson SC for the respondent

SOLICITORS:

Porter Davies for the appellants

Hynes Lawyers for the respondent

[1] THE COURT:  The unsuccessful respondent in these appeals seeks a certificate pursuant to s 15 of the Appeal Costs Fund Act 1973 (Qld) ("the Act").

[2] Section 15 of the Act provides for the grant of a certificate in respect of an appeal where the appeal succeeds on a question of law.

[3] The appeal to this Court succeeded by reasons of errors of fact on the part of the learned primary judge.[1]

[4] We would, therefore, refuse the application for a certificate.

Footnotes

[1] Gold Coast Commerce Club Inc & Anor v Body Corporate for Surfers Plaza Resort Community Titles Scheme 6388 [2008] QSC 323 at [12] and [14].

Close

Editorial Notes

  • Published Case Name:

    Gold Coast Commerce Club Inc & Anor v Body Corporate for Surfers Plaza Resort Community Titles Scheme 6388 (No 3)

  • Shortened Case Name:

    Gold Coast Commerce Club Inc v Body Corporate for Surfers Plaza Resort Community Titles Scheme 6388 (No 3)

  • MNC:

    [2009] QCA 255

  • Court:

    QCA

  • Judge(s):

    Keane JA, Holmes JA, Mullins J

  • Date:

    01 Sep 2009

Litigation History

EventCitation or FileDateNotes
QCA Interlocutory Judgment[2009] QCA 25501 Sep 2009-

Appeal Status

No Status

Cases Cited

Case NameFull CitationFrequency
Gold Coast Commerce Club Inc v Body Corporate for Surfers Plaza Resort [2008] QSC 323
1 citation

Cases Citing

No judgments on Queensland Judgments cite this judgment.

1

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