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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
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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 |
|
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].