Gold Coast Commerce Club Inc v Body Corporate for Surfers Plaza Resort Community Titles Scheme 6388 (No 3)

[2009] QCA 255

SUPREME COURT OF QUEENSLAND

CITATION:

Gold Coast Commerce Club Inc & Anor v Body Corporate for Surfers Plaza Resort Community Titles Scheme 6388
(No 3) [2009] QCA 255

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 Order

ORIGINATING COURT:

Supreme Court at Brisbane

DELIVERED ON:

Judgment delivered 21 August 2009
Further orders delivered 28 August 2009
Further order delivered 1 September 2009

DELIVERED AT:

Brisbane

HEARING DATE:

Heard on the papers

JUDGES:

Keane and Holmes JJA and Mullins J
Judgment of the Court

FURTHER
 ORDER:

Application refused

CATCHWORDS:

APPEAL AND NEW TRIAL – APPEAL - PRACTICE AND PROCEDURE – QUEENSLAND – APPEAL COSTS FUND – POWER TO GRANT INDEMNITY CERTIFICATE – WHEN REFUSED – where respondent applied for indemnity certificate – where indemnity certificate available only with respect to errors of law – where appeal allowed on errors of fact – whether indemnity certificate should issue

Appeal Costs Fund Act 1973 (Qld), s 15

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

1. THE COURT: The unsuccessful respondent in these appeals seeks a certificate pursuant to s 15 of the Appeal Costs Fund Act 1973 (Qld) ("the Act").

1. Section 15 of the Act provides for the grant of a certificate in respect of an appeal where the appeal succeeds on a question of law.

1. The appeal to this Court succeeded by reasons of errors of fact on the part of the learned primary judge.[1]

   [1]Gold Coast Commerce Club Inc & Anor v Body Corporate for Surfers Plaza Resort Community Titles Scheme 6388 [2008] QSC 323 at [12] and [14].

1. We would, therefore, refuse the application for a certificate.