Baker v Smith (No 3)

In the matter of Baker v Smith (No 3), the parties were engaged in a dispute concerning the costs incurred during a conviction appeal. The matter was heard in the District Court of Queensland. The appellant, Baker, was appealing against the decision of the lower court, which had ordered him to pay costs to the respondent, Smith, arising from the trial, sentence and other orders.

The legal issues before the court were whether the appeal was of special difficulty, complexity or importance, warranting the award of costs under section 232A of the Justices Act. Additionally, the court had to determine whether it had the power to correct an order that had been made on the basis of an affidavit containing errors in the calculation of solicitor's fees.

The court held that the appeal was indeed of special difficulty, complexity or importance, as it involved significant legal arguments and the interpretation of relevant statutes. Regarding the power to correct the order, the court found that it had the authority to amend the order to reflect the correct amount of costs. The court therefore ordered that the appellant pay the respondent's costs of the second appeal in the amount of $20,000 within six months of the date of this order. Furthermore, the court corrected the previous order to reflect the accurate amount of costs owed by the appellant.