McDowell & Ors v. Woods

[2007] QDC 280

[2007] QDC 280

DISTRICT COURT

CIVIL JURISDICTION

JUDGE O'SULLIVAN

No BD2424 of 2006

KENNETH WALTER MCDOWELL; MARIANNA CASELLA AND PETER STOKES	Appellants
and
JOSEPH WOODS	Respondent

BRISBANE

..DATE 05/10/2007

ORDER

HER HONOUR:  On the 13th of April 2007 I delivered reasons on

this appeal.  Those reasons included orders that I allowed the

appeal and I ordered a new hearing.  I made an order that the

applicants to each have their appeal costs under the Appeal

Costs Funds Act, solicitors for applicants to provide copy of

certificate, such cost to be limited to the costs of one

appeal.

I was subsequently informed that the order was not available

to me at law because of the terms of the Appeal Costs Funds

Act.  I apologise for that error.  I have received helpful

submissions from both parties.  They agree that the Crown

cannot get indemnity under the Act.  They also agree that

order three in relation to costs should be vacated.  Not

surprisingly the respondent says that it should not pay the

costs and the applicant says the respondent should.

Order as per draft signed by me.

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