SUPREME COURT OF QUEENSLAND
CITATION:
Cannon Street P/L & Ors v Karedis & Ors [2006] QCA 541
PARTIES:
CANNON STREET PTY LIMITED
(ACN 001 302 085)
(first plaintiff/first appellant)
MARGARET ELIZABETH KELLY
(second plaintiff/second appellant)
TIMOTHY CHRISTOPHER KELLY
(third plaintiff/third appellant)
v
THEO KAREDIS
(first defendant/first respondent)
GREGORY KAREDIS
(second defendant/second respondent)
PESUTU PTY LTD
(ACN 002 276 208)
(third defendant/third respondent)
GTK RETAILING PTY LTD
(ACN 002 031 414)
(fourth defendant/fourth respondent)FILE NO/S:
Appeal No 3889 of 2006
SC No 11302 of 2003DIVISION:
Court of Appeal
PROCEEDING:
General Civil Appeal
ORIGINATING COURT:
Supreme Court at Brisbane
DELIVERED ON:
15 December 2006
DELIVERED AT:
Brisbane
HEARING DATE:
8 November 2006
JUDGES:
Williams and Jerrard JJA and Chesterman J
Separate reasons for judgment of each member of the Court, each concurring as to the order madeORDER:
Appeal dismissed with costs
CATCHWORDS:
PROFESSIONS AND TRADES – LAWYERS – REMUNERATION – COSTS STATEMENTS – ACTIONS TO RECOVER COSTS – OTHER CASES – NSW – where at first instance the respondents were entitled to claim (pursuant to s 55B(4) Judiciary Act1903 (Cth)) for work done in the Queensland Supreme Court by solicitors who were not admitted to practice in Queensland – whether the trial judge erred in allowing the respondents to recover for work done by New South Wales solicitors who were not the holders of a practising certificate in Queensland
Bankruptcy Act 1869 (UK), s 70
Bankruptcy Act 1883 (UK), s 151
Judiciary Act 1903 (Cth), s 49, s 55, s 78, s 86
Queensland Law Society Act 1952 (Qld), s 48F
Supreme Court Act 1995 (Qld), s 209
Uniform Civil Procedure Rules 1999 (Qld), r 706(3), r 714(3)APLA Ltd v Legal Services Commissioner (NSW) [2005] HCA 44; (2005) 79 ALJR 1620, applied
Beaton v McDivitt (1985) 13 NSWLR 134, considered
Caboolture Park Shopping Centre (in liq) v White Industries (Qld) Pty Ltd (1993) 45 FCR 224, considered
Ex parte Broadhouse; in re Broadhouse (1867) LR 2 Ch App 655, cited
In re a Debtor [1934] Ch 280, considered
Kay's Leasing Corporation Pty Ltd v Fletcher (1964) 116 CLR 124, considered
Minister forWorks v Australian Dredging and General Works Pty Ltd [1986] WAR 235, considered
Re O'Connor's Bills of Costs [1993] 1 Qd R 423, distinguished
Santos Ltd & Ors v Delhi Petroleum Pty Ltd [2005] SASC 242, No SCCIV-98-1315, 30 June 2005, considered
Victoria v The Commonwealth (1937) 58 CLR 618, considered
Western Australian v Ward (1997) 76 FCR 492, consideredCOUNSEL:
R M Derrington SC for the appellants
B O’Donnell QC, with D G Clothier, for the respondentsSOLICITORS:
Mallesons Stephens Jaques for the appellants
Clayton Utz for the respondents
WILLIAMS JA:
This is an appeal from a decision of a judge of the trial division on a reference from the Deputy Registrar. At first instance it was held that the respondents were entitled to claim by virtue of the provisions of s 55B(4) of the
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- Case
- [2006] QCA 541
- Decision Date
CaseChat Overview and Summary
The legal issues addressed by the court included the interpretation of section 55B(4) of the Judiciary Act 1903 (Cth) and the applicability of this provision to the specific circumstances of the case. The court had to consider whether the trial judge had correctly applied the law in allowing the respondents to claim for costs associated with the services provided by New South Wales solicitors who were not admitted to practice in Queensland. This involved an analysis of the statutory framework governing legal costs and the qualifications required for solicitors to practice in different jurisdictions.
The Court of Appeal found that the trial judge had not erred in allowing the respondents to claim for work done by the New South Wales solicitors. The court held that the statutory provision did not preclude the respondents from recovering costs for services performed by out-of-state solicitors, provided those services were rendered in a manner consistent with the law. The appeal was therefore dismissed, and the decision of the trial judge was upheld. The court ordered that the appeal be dismissed with costs awarded to the respondents.
Orders
Orders of the court
Appeal dismissed with costs
Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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