Littlejohn v Julia Creek Town and Country Club Inc

[2011] QCA 3

SUPREME COURT OF QUEENSLAND

CITATION:

Littlejohn v Julia Creek Town and Country Club Inc [2011] QCA 3

PARTIES:

SONIA IVY LITTLEJOHN
(plaintiff/respondent)
v
JULIA CREEK TOWN AND COUNTRY CLUB INC
(defendant/appellant)

FILE NO/S:

Appeal No 7807 of 2010
SC No 488 of 2008

DIVISION:

Court of Appeal

PROCEEDING:

General Civil Appeal – Further Order

ORIGINATING COURT:

Supreme Court at Townsville

DELIVERED ON:

4 February 2011

DELIVERED AT:

Brisbane

HEARING DATE:

Heard on the papers

JUDGES:

Muir and Chesterman JJA and Philippides J
Judgment of the Court

FURTHER ORDER:

The respondent be granted an indemnity certificate pursuant to s 15 of the Appeal Costs Fund Act 1973.

CATCHWORDS:

APPEAL AND NEW TRIAL – APPEAL – PRACTICE AND PROCEDURE – QUEENSLAND – APPEAL COSTS FUND – POWER TO GRANT INDEMNITY CERTIFICATE – GENERAL PRINCIPLES AS TO GRANT OR REFUSAL – applicant respondent sought to apply for an indemnity certificate under s 15(1) Appeal Costs Fund Act 1973 (Qld) – whether indemnity certificate should be granted

Appeal Costs Fund Act 1973 (Qld), s 15

COUNSEL:

M Drew for the appellant
M Grant-Taylor SC, with A Stobie, for the respondent

SOLICITORS:

Connolly Suthers for the appellant
Turner Freeman Lawyers for the respondent

[1]      THE COURT: When judgment was given in this appeal on 17 December 2010 the fourth order pronounced was that:

“The respondent, should she apply, be granted an Indemnity Certificate pursuant to s 15 of the Appeal Costs Fund Act 1973.”

[2]      The reasons for that particular order are included in the court’s reasons published with the delivery of judgment. 

[3]      The respondent has now applied for the certificate pursuant to the court’s intimation, thereby satisfying the condition for the issue of the certificate.

[4] Accordingly the court now orders that the respondent be granted an indemnity certificate pursuant to s 15 of the Appeal Costs Fund Act 1973.