DISTRICT COURT OF QUEENSLAND
CITATION:
EPF Concreting P/L v Hall [2012] QDC 349
PARTIES:
EPF CONCRETING PTY LTD
(applicant/appellant)v
LUKE JAY HALL
(respondent/respondent)FILE NO:
BD 1155/2012
JURISDICTION:
Appellate
PROCEEDING:
Appeal
ORIGINATING COURT:
Magistrates Court, Southport
DELIVERED ON:
27 November 2012
DELIVERED AT:
Brisbane
HEARING DATES:
27 August 2012, 25 September 2012 and 27 November 2012
JUDGE:
Dorney QC, DCJ
ORDERS:
1. That Mr Reid be granted special leave to appear as the applicant/appellant’s representative.
2. That the orders made and filed in the Magistrates Court at Southport on 22 October 2012 take effect as of 15 February 2012.
3. That the purported Notice of Appeal filed 26 March 2012 be treated as an application for an extension of time to appeal pursuant to r 748 of the Uniform Civil Procedure Rules 1999 (Qld).
4. That the applicant/appellant have leave to extend the time to appeal to 26 March 2012.
5. That the application for extension of time be itself treated as the Notice of Appeal.
6. That the Notice of Appeal be amended to add an appeal against the decision of Acting Magistrate Morrow made 19 September 2011.
7. That the Notice of Appeal filed 26 March 2012, and the hearing of it on 27 August 2012, 25 September 2012 and 27 November 2012, are validly applicable to the judgment and orders made by the Magistrates Court taking effect as of 15 February 2012.
8. That, in lieu of the costs order made in the Magistrates Court on 15 February 2012, it is ordered that the plaintiff pay the defendant’s costs of the original proceeding, including any reserved costs, to be assessed by a costs assessor who is to be the Registrar of the Magistrates Court at Southport.
9. That there be added to the orders made in the Magistrates Court, to be effective on and from 15 February 2012, an order that the payment claim dated 19 May 2010 be set aside.
10. That the appellant have leave to appeal despite the orders of the Magistrates Court made on 5 November 2010 not having been filed.
11. That the appellant’s appeal against the setting aside of the judgment (entered in the appellant’s favour on 5 October 2010 in the Magistrates Court) on 5 November 2010 be dismissed.
12. That the appellant’s appeal (against the judgment given and the orders made in the Magistrates Court on 15 February 2012 that the appellant/plaintiff’s claim be dismissed) be dismissed.
13. That the applicant pay the respondent’s costs of and incidental to the appeal to be assessed on the standard basis.
CATCHWORDS:
Appeal –leave to extend time – orders not made and/or not filed (though some rectified) - leave to appeal – whether judgment against appellant sustainable
Building and Construction Industry Payments Act 2004 (Qld)
Civil and Criminal Jurisdiction Reform and Modernisation Amendment Act 2010 (Qld) s 105
District Court of Queensland Act 1967 (Qld) s 52(1)
Magistrates Courts Act 1921 (Qld) ss 45(2)(a), 45(5), 47, 60
Queensland Civil and Administrative…
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- Case
- [2012] QDC 349
- Decision Date
CaseChat Overview and Summary
The central legal issues the court considered were whether the appellant was entitled to special leave to appear, whether the orders made by the Magistrates Court were valid, and if the appeal was filed within the allowable time frame. Additionally, the court had to examine whether the procedural errors rendered the appeal unsustainable. The court also needed to address whether the appellant's appeal against the setting aside of a previous judgment should proceed and if the appeal against the judgment dismissing the claim was valid.
The Court of Appeal ruled that the appellant had the right to special leave to appear and granted Mr Reid leave to represent the appellant. The court found that the orders made by the Magistrates Court were valid, despite the appellant's failure to file some of the orders. The court also ruled that the Notice of Appeal filed on 26 March 2012 should be treated as an application for an extension of time to appeal. Despite these procedural issues, the court granted the appellant leave to extend the time to appeal. However, the court dismissed the appeal on the merits, holding that the judgment against the appellant was sustainable and that the appeal was without merit. The court further ordered that the appellant pay the respondent’s costs of the appeal.
Orders
Orders of the court
1. That Mr Reid be granted special leave to appear as the applicant/appellant’s representative.
2. That the orders made and filed in the Magistrates Court at Southport on 22 October 2012 take effect as of 15 February 2012.
3. That the purported Notice of Appeal filed 26 March 2012 be treated as an application for an extension of time to appeal pursuant to r 748 of the Uniform Civil Procedure Rules 1999 (Qld).
4. That the applicant/appellant have leave to extend the time to appeal to 26 March 2012.
5. That the application for extension of time be itself treated as the Notice of Appeal.
6. That the Notice of Appeal be amended to add an appeal against the decision of Acting Magistrate Morrow made 19 September 2011.
7. That the Notice of Appeal filed 26 March 2012, and the hearing of it on 27 August 2012, 25 September 2012 and 27 November 2012, are validly applicable to the judgment and orders made by the Magistrates Court taking effect as of 15 February 2012.
8. That, in lieu of the costs order made in the Magistrates Court on 15 February 2012, it is ordered that the plaintiff pay the defendant’s costs of the original proceeding, including any reserved costs, to be assessed by a costs assessor who is to be the Registrar of the Magistrates Court at Southport.
9. That there be added to the orders made in the Magistrates Court, to be effective on and from 15 February 2012, an order that the payment claim dated 19 May 2010 be set aside.
10. That the appellant have leave to appeal despite the orders of the Magistrates Court made on 5 November 2010 not having been filed.
11. That the appellant’s appeal against the setting aside of the judgment (entered in the appellant’s favour on 5 October 2010 in the Magistrates Court) on 5 November 2010 be dismissed.
12. That the appellant’s appeal (against the judgment given and the orders made in the Magistrates Court on 15 February 2012 that the appellant/plaintiff’s claim be dismissed) be dismissed.
13. That the applicant pay the respondent’s costs of and incidental to the appeal to be assessed on the standard basis.
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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