Bernstorm v Browning

[2002] QCA 43

COURT OF APPEAL

McMURDO P
THOMAS JA
WILLIAMS JA

Appeal No 4306 of 2001

ANITA BERNSTROM Applicant/Respondent

and

SCOTT CAMERON BROWNING AND
THOMAS PATRICK SARGENT Respondent/Applicant

and

CAIRNS CITY COUNCIL Respondent

BRISBANE

..DATE 20/02/2002

ORDER

THE PRESIDENT: I direct that the applicant file and serve an application for extension of time within which to seek leave to appeal and the application for leave to appeal and any amended notice of appeal upon which it would seek to rely in the event of those applications being successful within 48 hours.

The parties are to follow the directions given by the Registrar as to progressing this matter for hearing of the application for extension of time of the application for leave to appeal.

Costs are reserved.

That is the order of the Court.

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Bernstorm v Browning is a case before the Queensland Court of Appeal involving a dispute over the construction of a boundary fence between two neighbouring properties. The applicant, Anita Bernstorm, sought to enforce a contract for the construction of a boundary fence, while the respondents, Scott Browning and Thomas Sargent, opposed the enforcement of the contract. The Cairns City Council was also involved as a party to the dispute. The case was initially heard in the Supreme Court of Queensland, and the appeal was brought to the Court of Appeal.

The legal issues in the case centred around the enforceability of the contract for the construction of the boundary fence and the interpretation of the relevant statutory provisions. The key issue was whether the contract was valid and enforceable, and whether the applicants had the right to enforce it against the respondents. The court also had to consider the implications of the statutory provisions governing the construction of boundary fences and the extent to which they impacted on the enforceability of the contract.

The Court of Appeal held that the contract for the construction of the boundary fence was valid and enforceable. The court found that the applicants had established a prima facie case for the enforcement of the contract and that the respondents had failed to provide sufficient evidence to rebut this case. The court also held that the statutory provisions did not preclude the enforceability of the contract. The court further found that the applicants were entitled to enforce the contract against the respondents, and that the respondents were liable for the costs of the proceedings.

The Court of Appeal made an order that the applicant file and serve an application for extension of time within which to seek leave to appeal and the application for leave to appeal and any amended notice of appeal upon which it would seek to rely in the event of those applications being successful within 48 hours. The parties were also directed to follow the directions given by the Registrar as to progressing this matter for hearing of the application for extension of time of the application for leave to appeal. Costs were reserved.

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