Dovedeen Pty Ltd v GK - [2013] QCA 194

SUPREME COURT OF QUEENSLAND

CITATION:

Dovedeen Pty Ltd & Anor v GK [2013] QCA 194

PARTIES:

DOVEDEEN PTY LTD
(first appellant)
JOAN HARTLEY
(second appellant)
v
GK
(respondent)

FILE NO/S:

Appeal No 7794 of 2012
QCAT No 416 of 2011

DIVISION:

Court of Appeal

PROCEEDING:

Miscellaneous Application – Civil – Further Orders

ORIGINATING COURT:

Queensland Civil and Administrative Tribunal at Brisbane

DELIVERED ON:

19 July 2013

DELIVERED AT:

Brisbane

HEARING DATE:

Heard on the papers

JUDGES:

Fraser and Gotterson JJA and Margaret Wilson J
Separate reasons for judgment of each member of the Court, each concurring as to the further orders made

ORDERS:

1. The respondent is to pay the appellants’ costs of the appeal to the Appeal Tribunal of the Queensland Civil and Administrative Tribunal and of the appeal to the Court of Appeal.

2. The respondent is granted an indemnity certificate in respect of the appeal to the Court of Appeal.

CATCHWORDS:

APPEAL AND NEW TRIAL – APPEAL – PRACTICE AND PROCEDURE – QUEENSLAND – POWERS OF COURT – COSTS – where the appellants were granted leave to appeal and the appeal was allowed – where the appellants were given leave to make submissions as to costs – where the appellants sought an order that the respondent pay their costs in the Court of Appeal and in the Appeal Tribunal of the Queensland Civil and Administrative Tribunal – whether the respondent should be ordered to pay the appellants’ costs

APPEAL AND NEW TRIAL – APPEAL – PRACTICE AND PROCEDURE – QUEENSLAND – APPEAL COSTS FUND – POWER TO GRANT INDEMNITY CERTIFICATE – GENERAL PRINCIPLES AS TO GRANT OR REFUSAL – where the respondent applied for an indemnity certificate in respect of her costs of the appeal to the Court of Appeal and the Appeal Tribunal of the Queensland Civil and Administrative Tribunal – where there was no indication that the respondent acted in an unreasonable or inefficient manner in the Appeal Tribunal or the Court of Appeal – whether the respondent should be granted an indemnity certificate – whether an indemnity certificate in respect of the appeal to the Court of Appeal comprehends the costs incurred in the Appeal Tribunal

Appeal Costs Fund Act 1973 (Qld), s 15, s 16
Appeal Costs Fund Regulation 2010 (Qld), r 14(1)
Queensland Civil and Administrative Tribunal Act 2009 (Qld), s 100, s 102
Uniform Civil Procedure Rules 1999 (Qld), r 766(1)

Griffith University v Ivory, unreported, SC No 1818 of 1997, 9 May 1997, cited
JB Geraghty & Ors v Dairy Industry Tribunal & Ors [2000] QSC 145, cited
Owen v Menzies & Ors; Bruce v Owen; Menzies v Owen (2012) 265 FLR 392; [2012] QCA 170, cited
R v Webster, Ex Parte Trueline Aluminium Pty Ltd [1987] 1 Qd R 45, cited
Suncorp Insurance and Finance & Anor v Rabnavi Pty Ltd, unreported, SC No 381 of 1994, 20 July 1994, cited

COUNSEL:

No appearance by the appellants, the appellants’ submissions were heard on the…

Grounds of appeal

[14] The appellant contends that the primary judge erred in finding that the respondent had discharged the onus of establishing the matters required under the relevant provision.

[15] It was submitted that his Honour failed to give adequate weight to the evidence of the second witness, and that the findings of fact were not reasonably open on the material before the Court.

[16] The respondent, for its part, submits that no error is disclosed, and that the conclusions reached were well within the range of outcomes available to the primary judge.

Consideration

[17] It is convenient to deal first with the question of construction, as the resolution of that issue informs the remaining grounds advanced by the appellant.

[18] For the reasons that follow, we are of the view that the appeal should be allowed in part and the matter remitted for further determination.

Continue reading Dovedeen Pty Ltd v GK

Details

AGLC: Dovedeen Pty Ltd & Anor v GK [2013] QCA 194
Case: [2013] QCA 194
Decision Date: 19 July 2013

CaseChat Overview and Summary

In the matter of Dovedeen Pty Ltd v GK, the Court of Appeal was called upon to decide the matter of costs associated with an appeal and subsequent proceedings in the Appeal Tribunal of the Queensland Civil and Administrative Tribunal. The appellants, Dovedeen Pty Ltd, had successfully appealed a decision made by the tribunal and were now seeking to recover costs from the respondent, GK, for both the tribunal appeal and the subsequent appeal to the Court of Appeal. The respondent, GK, had applied for an indemnity certificate in respect of her costs in the appeal to the Court of Appeal.

The central legal issue was whether the respondent should be ordered to pay the appellants’ costs for both the tribunal appeal and the Court of Appeal. Additionally, the court had to determine if an indemnity certificate granted in respect of the appeal to the Court of Appeal would include the costs incurred in the Appeal Tribunal. The court had to consider the general principles guiding the grant or refusal of an indemnity certificate, particularly in light of the respondent's conduct during the proceedings.

In its reasoning, the court noted that the appeal was allowed and the appellants were granted leave to make submissions regarding costs. The court found that the respondent had not acted in an unreasonable or inefficient manner in either the Appeal Tribunal or the Court of Appeal. Consequently, the court ruled that the respondent should be ordered to pay the appellants’ costs for both the tribunal appeal and the appeal to the Court of Appeal. Furthermore, the court granted the respondent's application for an indemnity certificate in respect of the appeal to the Court of Appeal but did not extend this to include the costs incurred in the Appeal Tribunal.

The court's final orders were that the respondent, GK, must pay the appellants’ costs for both the tribunal appeal and the Court of Appeal. Additionally, GK was granted an indemnity certificate in respect of the appeal to the Court of Appeal, but this did not encompass the costs from the Appeal Tribunal.

Orders

Orders of the court

1. The respondent is to pay the appellants’ costs of the appeal to the Appeal Tribunal of the Queensland Civil and Administrative Tribunal and of the appeal to the Court of Appeal.

2. The respondent is granted an indemnity certificate in respect of the appeal to the Court of Appeal.

Background

Background to the litigation

Full text does not contain this section.

Evidence

Evidence Before The Court

Full text does not contain this section.

Decision

Reasons for decision

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Ratio Decidendi

Legal Principle Established

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CITATION:	Dovedeen Pty Ltd & Anor v GK [2013] QCA 194
PARTIES:	DOVEDEEN PTY LTD (first appellant) JOAN HARTLEY (second appellant) v GK (respondent)
FILE NO/S:	Appeal No 7794 of 2012 QCAT No 416 of 2011
DIVISION:	Court of Appeal
PROCEEDING:	Miscellaneous Application – Civil – Further Orders
ORIGINATING COURT:	Queensland Civil and Administrative Tribunal at Brisbane
DELIVERED ON:	19 July 2013
DELIVERED AT:	Brisbane
HEARING DATE:	Heard on the papers
JUDGES:	Fraser and Gotterson JJA and Margaret Wilson J Separate reasons for judgment of each member of the Court, each concurring as to the further orders made
ORDERS:	1. The respondent is to pay the appellants’ costs of the appeal to the Appeal Tribunal of the Queensland Civil and Administrative Tribunal and of the appeal to the Court of Appeal. 2. The respondent is granted an indemnity certificate in respect of the appeal to the Court of Appeal.
CATCHWORDS:	APPEAL AND NEW TRIAL – APPEAL – PRACTICE AND PROCEDURE – QUEENSLAND – POWERS OF COURT – COSTS – where the appellants were granted leave to appeal and the appeal was allowed – where the appellants were given leave to make submissions as to costs – where the appellants sought an order that the respondent pay their costs in the Court of Appeal and in the Appeal Tribunal of the Queensland Civil and Administrative Tribunal – whether the respondent should be ordered to pay the appellants’ costs APPEAL AND NEW TRIAL – APPEAL – PRACTICE AND PROCEDURE – QUEENSLAND – APPEAL COSTS FUND – POWER TO GRANT INDEMNITY CERTIFICATE – GENERAL PRINCIPLES AS TO GRANT OR REFUSAL – where the respondent applied for an indemnity certificate in respect of her costs of the appeal to the Court of Appeal and the Appeal Tribunal of the Queensland Civil and Administrative Tribunal – where there was no indication that the respondent acted in an unreasonable or inefficient manner in the Appeal Tribunal or the Court of Appeal – whether the respondent should be granted an indemnity certificate – whether an indemnity certificate in respect of the appeal to the Court of Appeal comprehends the costs incurred in the Appeal Tribunal Appeal Costs Fund Act 1973 (Qld), s 15, s 16 Appeal Costs Fund Regulation 2010 (Qld), r 14(1) Queensland Civil and Administrative Tribunal Act 2009 (Qld), s 100, s 102 Uniform Civil Procedure Rules 1999 (Qld), r 766(1) Griffith University v Ivory, unreported, SC No 1818 of 1997, 9 May 1997, cited JB Geraghty & Ors v Dairy Industry Tribunal & Ors [2000] QSC 145, cited Owen v Menzies & Ors; Bruce v Owen; Menzies v Owen (2012) 265 FLR 392; [2012] QCA 170, cited R v Webster, Ex Parte Trueline Aluminium Pty Ltd [1987] 1 Qd R 45, cited Suncorp Insurance and Finance & Anor v Rabnavi Pty Ltd, unreported, SC No 381 of 1994, 20 July 1994, cited
COUNSEL:	No appearance by the appellants, the appellants’ submissions were heard on the…