McNab Constructions Australia Pty Ltd v Queensland Building Services Authority
[2011] QCA 6
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- Unreported Judgment
- Appeal Determined - Special Leave Refused (HCA)
- McNab Constructions Australia Pty Ltd v Queensland Building Services Authority[2011] QCA 6
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McNab Constructions Australia Pty Ltd v Queensland Building Services Authority[2011] QCA 6
McNab Constructions Australia Pty Ltd v Queensland Building Services Authority[2011] QCA 6
SUPREME COURT OF QUEENSLAND
CITATION: | McNab Constructions Australia P/L v Queensland Building Services Authority [2011] QCA 6 |
PARTIES: | McNAB CONSTRUCTIONS AUSTRALIA PTY LTD |
FILE NO/S: | Appeal No 4096 of 2010 DC No 2699 of 2009 |
DIVISION: | Court of Appeal |
PROCEEDING: | Miscellaneous Application – Civil – Further Order |
ORIGINATING COURT: | District Court at Brisbane |
DELIVERED ON: | 8 February 2011 |
DELIVERED AT: | Brisbane |
HEARING DATE: | Heard on the papers |
JUDGES: | McMurdo P and Holmes and Chesterman JJA Judgment of the Court |
FURTHER ORDER: | The cross-respondent, McNab Constructions Australia Pty Ltd, is granted an indemnity certificate in respect of the cross-appeal under s 15 Appeal Costs Fund Act 1973 (Qld) |
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 – cross-respondent 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 McNab Constructions Australia P/L v Queensland Building Services Authority [2010] QCA 380, related |
COUNSEL: | D B Fraser QC, with B Codd, for the applicant/cross-respondent J K Bond SC, with M H Hindman, for the respondent/cross-appellant |
SOLICITORS: | Lenz Moreton for the applicant/cross-respondent HWL Ebsworth Lawyers for the respondent/cross-appellant |
- THE COURT: This Court gave judgment in this matter on 23 December 2010: McNab Constructions Australia Pty Ltd v Queensland Building Services Authority.[1] The cross-appellant, the Queensland Building Services Authority, succeeded in its cross-appeal and the unsuccessful cross-respondent, McNab Constructions Australia Pty Ltd, was ordered to pay the cross-appellant's costs of the cross-appeal. The cross-respondent has applied for an indemnity certificate in respect of the cross-appeal under s 15 Appeal Costs Fund Act 1973 (Qld).
- The cross-appellant's success turned on the view of the plurality in this Court as to the construction of s 72 Queensland Building Services Authority Act 1991 (Qld). That view differed from that of the minority in this Court and of the District Court judge from whom the cross-appeal was brought. The cross-appeal therefore succeeded on a question of law so that this Court has an unfettered discretion under s 15(1)(a) to grant an indemnity certificate in respect of it. The position taken by the cross-respondent in its appeal and the cross-appeal was fairly arguable. In these circumstances, it is appropriate to grant the cross-respondent the indemnity certificate it seeks.
ORDER:
The cross-respondent, McNab Constructions Australia Pty Ltd, is granted an indemnity certificate in respect of the cross-appeal under s 15 Appeal Costs Fund Act 1973 (Qld).
Footnotes
[1] [2010] QCA 380.