Multi-Service Group Pty Ltd (in liq) v Osborne
[2010] QCA 172
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- Multi-Service Group Pty Ltd (in liq) v Osborne[2010] QCA 172
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Multi-Service Group Pty Ltd (in liq) v Osborne[2010] QCA 172
Multi-Service Group Pty Ltd (in liq) v Osborne[2010] QCA 172
SUPREME COURT OF QUEENSLAND
PARTIES: | |
FILE NO/S: | |
Court of Appeal | |
PROCEEDING: | General Civil Appeal – Further Order |
ORIGINATING COURT: | |
DELIVERED ON: | 2 July 2010 |
DELIVERED AT: | Brisbane |
HEARING DATE: | Heard on the papers |
JUDGES: | McMurdo P, Muir JA and Daubney J Judgment of the Court |
ORDER: | The applicants be granted an indemnity certificate in respect of each appeal |
CATCHWORDS: | APPEAL AND NEW TRIAL – APPEAL - PRACTICE AND PROCEDURE – QUEENSLAND – APPEAL COSTS FUND – POWER TO GRANT INDEMNITY CERTIFICATE – GENERAL PRINCIPLES AS TO GRANT OR REFUSAL –applicant respondents sought to apply for an indemnity certificate under s 15(1) Appeal Costs Fund Act 1973 (Qld) – whether indemnity certificate should be granted Appeal Costs Fund Act 1973 (Qld), s 15, s 21 Cameron v Noosa Shire Council [2006] QCA 144, cited Holdway v Arcuri Lawyers (A Firm) [2008] QCA 302, cited Mitchell v Pacific Dawn Pty Ltd [2003] QCA 526, cited |
COUNSEL: | D Savage SC, with I A Erskine, for the applicant P Morrison QC, with P Tucker, for the respondent |
SOLICITORS: | Tucker & Cowen for the applicant Ernst & Young for the respondent |
[1] THE COURT: This Court allowed appeals against orders in proceedings BS4620/06 and BS5388/04 that the appellants' "application for reactivation" of the proceeding be refused. The applicant respondents have applied for an order that they be granted an indemnity certificate under s 15 of the Appeal Costs Fund Act 1973 (Qld) in respect of each of the appeals.
[2] Section 15(1) of the Appeal Costs Fund Act 1973 (Qld) provides:
"15Grant of indemnity certificate
(1)Where an appeal against the decision of a court—
(a)to the Supreme Court;
(b)to the High Court of Australia from a decision of the Supreme Court;
on a question of law succeeds, the Supreme Court may, upon application made in that behalf, grant to any respondent to the appeal an indemnity certificate in respect of the appeal."