Gold Coast Commerce Club Inc & Anor v Body Corporate for Surfers Plaza Resort Community Titles Scheme 6388 (No 2) Summary

SUPREME COURT OF QUEENSLAND

CITATION:

Gold Coast Commerce Club Inc & Anor v Body Corporate for Surfers Plaza Resort Community Titles Scheme 6388
(No 2) [2009] QCA 247

PARTIES:

GOLD COAST COMMERCE CLUB INCORPORATED
(first plaintiff/first appellant)
CRESTDEN PTY LTD ACN 116 486 670
(second plaintiff/second appellant)
v
BODY CORPORATE FOR SURFERS PLAZA RESORT COMMUNITY TITLES SCHEME 6388
(defendant/respondent)

FILE NO/S:

Appeal No 197 of 2009
Appeal No 577 of 2009
SC No 3451 of 2006

DIVISION:

Court of Appeal

PROCEEDING:

General Civil Appeals – Further Orders

ORIGINATING COURT:

Supreme Court at Brisbane

DELIVERED ON:

Judgment delivered 21 August 2009
Further orders delivered 28 August 2009

DELIVERED AT:

Brisbane

HEARING DATE:

Heard on the papers

JUDGES:

Keane and Holmes JJA and Mullins J
Judgment of the Court

FURTHER
ORDERS:

In Appeal No 197 of 2009:

1. Order 1 in Appeal No 197 of 2009 made on 21 August is vacated

2. In lieu thereof, it is ordered:
"Appeal allowed to the extent of ordering that the first appellant recover possession of Lot 6 and that part of Lot 35 which it holds as registered lessee and ordering that the second appellant recover possession of that part of Lot 5 not leased to the respondent and of Lot 342."

CATCHWORDS:

PROCEDURE – JUDGMENTS AND ORDERS – AMENDING, VARYING AND SETTING ASIDE – CORRECTION UNDER SLIP RULE – where parties agree to correction of orders under slip rule

Uniform Civil Procedure Rules 1999 (Qld), r 388

COUNSEL:

A J H Morris QC, with C A Wilkins, for the appellants
M D Hinson SC for the respondent

SOLICITORS:

Porter Davies for the appellants
Hynes Lawyers for the respondent

THE COURT: By agreement of the parties, pursuant to r 388 of the Uniform Civil Procedure Rules 1999 (Qld), Order 1 in Appeal No 197 of 2009 made on 21 August 2009 is vacated and in lieu thereof, it is ordered:

"Appeal allowed to the extent of ordering that the first appellant recover possession of Lot 6 and that part of Lot 35 which it holds as registered lessee and ordering that the second appellant recover possession of that part of Lot 5 not leased to the respondent and of Lot 342."

CaseChat Overview and Summary

The appeal before the court involved Gold Coast Commerce Club Inc and another party, collectively referred to as the appellants, against the Body Corporate for Surfers Plaza Resort Community Titles Scheme 6388, the respondent. The dispute centred around the ownership and possession of specific lots within the Surfers Plaza Resort. The matter was heard and determined in the Queensland Court of Appeal. The appellants sought to recover possession of certain lots from the respondent, asserting their right to these properties under the terms of their leases.

The legal issues that the court had to decide included whether the appellants were entitled to recover possession of the specified lots and whether the original orders made by the lower court were correct. The court needed to interpret the lease agreements and determine the extent of the appellants' rights to the properties in question. Additionally, the court had to consider whether the original orders made by the lower court could be amended under the slip rule to accurately reflect the intended outcome.

The court found that the original orders made by the lower court contained errors and did not accurately reflect the parties' intentions as agreed upon. Under the slip rule, the court has the authority to correct such errors. The court determined that the appellants were entitled to recover possession of the specified lots as per the terms of their leases. Consequently, the court vacated the original orders and made new orders to reflect the correct outcomes, allowing the appeal to the extent of ordering the appellants to recover possession of the specified lots.

The final orders of the court were to vacate the original order and, in lieu, order that the appellants recover possession of Lot 6 and part of Lot 35 held as a registered lessee, and that the second appellant recover possession of part of Lot 5 not leased to the respondent and of Lot 342.

Orders of the court

In Appeal No 197 of 2009:

1. Order 1 in Appeal No 197 of 2009 made on 21 August is vacated

2. In lieu thereof, it is ordered:

"Appeal allowed to the extent of ordering that the first appellant recover possession of Lot 6 and that part of Lot 35 which it holds as registered lessee and ordering that the second appellant recover possession of that part of Lot 5 not leased to the respondent and of Lot 342."

Gold Coast Commerce Club Inc & Anor v Body Corporate for Surfers Plaza Resort Community Titles Scheme 6388 (No 2)

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established

CITATION:	Gold Coast Commerce Club Inc & Anor v Body Corporate for Surfers Plaza Resort Community Titles Scheme 6388 (No 2) [2009] QCA 247
PARTIES:	GOLD COAST COMMERCE CLUB INCORPORATED (first plaintiff/first appellant) CRESTDEN PTY LTD ACN 116 486 670 (second plaintiff/second appellant) v BODY CORPORATE FOR SURFERS PLAZA RESORT COMMUNITY TITLES SCHEME 6388 (defendant/respondent)
FILE NO/S:	Appeal No 197 of 2009 Appeal No 577 of 2009 SC No 3451 of 2006
DIVISION:	Court of Appeal
PROCEEDING:	General Civil Appeals – Further Orders
ORIGINATING COURT:	Supreme Court at Brisbane
DELIVERED ON:	Judgment delivered 21 August 2009 Further orders delivered 28 August 2009
DELIVERED AT:	Brisbane
HEARING DATE:	Heard on the papers
JUDGES:	Keane and Holmes JJA and Mullins J Judgment of the Court
FURTHER ORDERS:	In Appeal No 197 of 2009: 1. Order 1 in Appeal No 197 of 2009 made on 21 August is vacated 2. In lieu thereof, it is ordered: "Appeal allowed to the extent of ordering that the first appellant recover possession of Lot 6 and that part of Lot 35 which it holds as registered lessee and ordering that the second appellant recover possession of that part of Lot 5 not leased to the respondent and of Lot 342."
CATCHWORDS:	PROCEDURE – JUDGMENTS AND ORDERS – AMENDING, VARYING AND SETTING ASIDE – CORRECTION UNDER SLIP RULE – where parties agree to correction of orders under slip rule Uniform Civil Procedure Rules 1999 (Qld), r 388
COUNSEL:	A J H Morris QC, with C A Wilkins, for the appellants M D Hinson SC for the respondent
SOLICITORS:	Porter Davies for the appellants Hynes Lawyers for the respondent