Littlejohn v Julia Creek Town and Country Club Inc Summary

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.

CaseChat Overview and Summary

The applicant, Littlejohn, filed an appeal against a decision made by the Julia Creek Town and Country Club Inc. The case was heard in the Queensland Court of Appeal. The crux of the dispute was the applicant's attempt to secure an indemnity certificate under section 15(1) of the Appeal Costs Fund Act 1973 (Qld). This certificate would protect the applicant from being liable for the respondent's costs in the event the appeal was unsuccessful. The legal issues the court had to address revolved around the principles that guide the grant or refusal of such indemnity certificates.

The court examined the general principles that should be applied when deciding whether to grant an indemnity certificate. It considered the applicant's financial circumstances, the merits of the appeal, and whether the applicant had a reasonable prospect of success. The court also took into account the public interest in ensuring that access to justice was not unduly restricted by financial barriers. After a thorough analysis, the court determined that the applicant did not meet the criteria necessary to warrant the grant of an indemnity certificate.

The court concluded that the application for an indemnity certificate should be refused. The applicant's financial situation, the strength of the appeal, and the likelihood of success were not sufficient to justify the protection from costs that an indemnity certificate would provide. Consequently, the applicant would remain liable for the respondent's costs if the appeal were to fail. The court's decision was based on a careful consideration of the statutory provisions and the overarching principles of justice and fairness.

Littlejohn v Julia Creek Town and Country Club Inc

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established

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