Mekpine Pty Ltd v Moreton Bay Regional Council
[2016] QCA 85
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- Unreported Judgment
- Appeal Determined (QCA) - Appeal Determined (HCA)
- Mekpine Pty Ltd v Moreton Bay Regional Council[2016] QCA 85
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Mekpine Pty Ltd v Moreton Bay Regional Council[2016] QCA 85
Mekpine Pty Ltd v Moreton Bay Regional Council[2016] QCA 85
CITATION: | Mekpine Pty Ltd v Moreton Bay Regional Council [2016] QCA 85 |
PARTIES: | |
FILE NO/S: | LAC No 9 of 2012 LAC No 10 of 2012 |
DIVISION: | Court of Appeal |
PROCEEDING: | Appeal from the Land Appeal Court – Further Order |
ORIGINATING COURT: | Land Appeal Court at Brisbane – [2013] QLAC 5 |
DELIVERED ON: | 5 April 2016 |
DELIVERED AT: | Brisbane |
HEARING DATE: | Heard on the papers |
JUDGES: | Holmes CJ and Margaret McMurdo P and Morrison JA Judgment of the Court |
FURTHER ORDER: | Mekpine Pty Ltd is granted an indemnity certificate under s 15(1)(b) 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 – applicant applied for an indemnity certificate under s 15 Appeal Costs Fund Act 1973 (Qld) – whether indemnity certificate should be granted Appeal Costs Fund Act 1973 (Qld), s 15 |
COUNSEL: | No appearance by the applicant, the applicant’s submissions were heard on the papers No appearance by the respondent |
SOLICITORS: | Hillhouse Burrough McKeown Solicitors for the applicant Legal Services Department, Moreton Bay Regional Council for the respondent |
[1] THE COURT: This case concerned whether the present applicant, Mekpine Pty Ltd, was entitled to compensation for land acquired by the present respondent, Moreton Bay Regional Council. The case turned on whether Mekpine’s rights under a lease of premises on a former lot which was amalgamated into a new lot was limited to that part of the new lot which previously lay within the former lot, or whether they extended to the entirety of the new lot.
[2] This question was originally determined by the Land Court[1] in favour of Mekpine. On appeal to the Land Appeal Court[2] it was determined in favour of the Council. On appeal to this Court[3] it was determined in favour of Mekpine. On appeal to the High Court it was determined, by majority, in favour of the Council.[4] The High Court found that Mekpine’s interest in the land remained confined to that part of the new lot which previously lay in the former lot.
[3] Mekpine has applied for the grant of an indemnity certificate under s 15(1)(b) Appeal Costs Fund Act 1973 (Qld) which relevantly provides:
“Grant of Indemnity Certificate
(1)Where an appeal against the decision of a court —
…
(b)to the High Court of Australia from a decisionof 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.”
[4] As the Council’s appeal to the High Court of Australia from a decision of this Court succeeded on a question of law, the discretion under s 15(1)(b) is enlivened. The legal question for determination was novel and not straightforward. In these circumstances, this is an appropriate case in which to grant Mekpine an indemnity certificate under s 15(1)(b).
Order:
[5] Mekpine Pty Ltd is granted an indemnity certificate under s 15(1)(b) Appeal Costs Fund Act 1973 (Qld).