Weston v Bradford
[2010] QDC 356
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- Unreported Judgment
- Weston v Bradford[2010] QDC 356
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Weston v Bradford[2010] QDC 356
Weston v Bradford[2010] QDC 356
DISTRICT COURT OF QUEENSLAND
CITATION: | Weston v Bradford [2010] QDC 356 |
PARTIES: | HOWARD MERVIN WESTON (Appellant) v CLAYTON BRADFORD (Respondent) |
FILE NO/S: | 946/2010 |
DIVISION: | Civil |
PROCEEDING: | Appeal |
ORIGINATING COURT: | Magistrates Court |
DELIVERED ON: | 22 September 2010 |
DELIVERED AT: | Brisbane |
HEARING DATE: | Written submissions |
JUDGE: | Dorney QC DCJ |
FURTHER ORDER: | 1. The appellant pay the respondent’s costs of the appeal to be assessed on the standard basis. |
CATCHWORDS: | APPEAL – ORDER AS TO COSTS |
COUNSEL: | G. Forward for the Appellant S. Mcleod for the Respondent |
SOLICITORS: | (Direct Professional Access for the Appellant) Q.P.S. Solicitors for the Respondent |
Introduction
- [1]On 1 September 2010 I ordered, with respect to costs, that both parties have liberty to make submissions on costs by 4.00 pm on 8 September 2010, in circumstances where I dismissed the appeal.
- [2]The appellant has made no submissions on costs.
- [3]The respondent has filed written submissions on costs within the designated time for which liberty was granted.
Analysis
- [4]The respondent’s written submissions on costs refer to the decision by McGill DCJ in Phillips v Woolcock [2002] QDC 035. There, after analysing s 149 of the Weapons Act 1990 – which was the provision of concern here – it was held that that particular provision was not forthcoming as to the powers of the District Court on appeal: at [36]. Accordingly, in the absence of a contrary provision, it was held that r 785 of the Uniform Civil Procedure Rules applied. This, relevantly, made r 766(1) of the UCPR applicable on the hearing of such an appeal: also at [36]. This included a power to order costs: see r 766(1)(d).
- [5]Furthermore, McGill DCJ held that while he had power to make orders as to costs of the appeal, there did not appear to be any power to make an order in relation to the costs of the appeal to the Magistrates Court: at [37].
- [6]In consequence, since I remarked that, statutory impediments apart, costs will ordinarily follow the event, the appropriate course, bearing in mind that relevant guidance, is to order that the appellant pay the respondent’s costs of the appeal to be assessed on the standard basis.
Order
- [7]The order that is to be made is that the appellant pay the respondent’s costs of the appeal to be assessed on the standard basis.