Benarid Pty Ltd v Sarina Consulting Engineers Pty Ltd

[2017] QCA 105

[2017] QCA 105

COURT OF APPEAL

MORRISON JA
PHILIPPIDES JA
McMURDO JA

Appeal No 13538 of 2016
DC No 93 of 2015

BENARID PTY LTD  Applicant
ACN 011 043 351

v

SARINA CONSULTING ENGINEERS PTY LTD  Respondent
ACN 118 273 304

BRISBANE

MONDAY, 29 MAY 2017

JUDGMENT

PHILIPPIDES JA:  This application concerned an application for leave to appeal against the decision below.  The only basis for leave was a factual error that was alleged, and possibly an error of law in that the factual error also included that there was no evidence to support the conclusion reached below.  However, in the course of submissions, evidence was drawn to the attention of senior counsel, which supported the factual decision sought to be challenged.

On that basis, senior counsel quite properly conceded that he was unable to advance the contention that there was no evidence to support the factual decision reached below.  Once that concession was made, counsel also quite properly accepted that the remaining dispute in relation to quantum could not support a grant of leave.  In those circumstances, the application for leave is refused with costs.

MORRISON JA:  I agree.

McMURDO JA:  I agree.

MORRISON JA:  The orders will be as Justice Philippides has announced.  Thank you, gentlemen.  Adjourn the court.