Pazese Pty Ltd v Sciacca and Shaw

SUPREME COURT OF QUEENSLAND

CITATION:

Pazese Pty Ltd v Sciacca and Shaw [1999] QCA 455

PARTIES:

PAZESE PTY LTD ACN 010 778 505

(Plaintiff/Respondent)

and

SCIACCA AND SHAW (a firm)

(Defendant/Appellant)

FILE NO/S:

Appeal No 11977 of 1998

SC Writ No 7 of 1994

DIVISION:

Court of Appeal

PROCEEDING:

Appeal

ORIGINATING COURT:

Supreme Court of Queensland at Cairns

DELIVERED ON:

Judgment on 5 November 1999

Further Order of the court on 10 December 1999

DELIVERED AT:

Brisbane

HEARING DATE:

6 August 1999

JUDGES:

McPherson JA, Thomas JA, Helman J

FURTHER ORDER:

The defendant pay the plaintiff’s costs of the action including reserved costs on the District Court scale appropriate to the amount recovered.

The respondent pay one half of the appellant’s costs of the appeal to be assessed.

COUNSEL:

Mr P McMurdo QC for the appellant

Mr C Carrigan for the respondent

SOLICITORS:

Miller Harris & Co for the appellant

Gayler Cleland Towne for the respondent

McPHERSON JA: I agree with the orders proposed by Thomas JA and Helman J for disposing of the costs of the appeal and of the action.

THOMAS JA & HELMAN J: There were unsatisfactory features in the presentation of the case below, including failure to refer the court to the relevant authority of Kizbeau. This was a dominant factor in the result miscarrying. It is not a case where fault on the part of the court or the system requires the appeal costs fund to be held responsible for correcting the situation.

As each party contributed to the unsatisfactory result below and to the corresponding need for appeal, there should be some limitation of costs of the appeal. We would therefore propose the following orders:

(a) The defendant pay the plaintiff's costs of the action including reserved costs on the District Court scale appropriate to the amount recovered.

(b) The respondent pay one half of the appellant's costs of the appeal to be assessed.

CaseChat Overview and Summary

The Court of Appeal was presented with an appeal by Sciacca and Shaw, a firm, against the decision made by the Supreme Court of Queensland at Cairns in a case involving Pazese Pty Ltd. The primary issue was the unsatisfactory presentation of the case by both parties, which included a failure to refer to relevant authority, leading to an incorrect outcome. The appeal addressed the handling of costs associated with the trial and the appeal itself.

The legal issues focused on the appropriateness of the costs orders in light of the unsatisfactory case presentation. The Court considered whether the appeal costs fund should be used to rectify the situation or if the costs should be borne by the parties involved. The Court found that both parties contributed to the unsatisfactory result, and thus, there should be a limitation on the appeal costs.

The Court of Appeal ruled that Pazese Pty Ltd was entitled to the costs of the action, including reserved costs, on the District Court scale appropriate to the amount recovered. Additionally, the respondent was ordered to pay half of the appellant's costs of the appeal, to be assessed. This decision aimed to address the contributions of both parties to the unsatisfactory outcome and the need for the appeal.

The final orders of the court included that the defendant, Sciacca and Shaw, pay the plaintiff's costs of the action, including reserved costs on the District Court scale appropriate to the amount recovered. Additionally, the respondent was to pay half of the appellant's costs of the appeal, to be assessed.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established

CITATION:	Pazese Pty Ltd v Sciacca and Shaw [1999] QCA 455
PARTIES:	PAZESE PTY LTD ACN 010 778 505 (Plaintiff/Respondent) and SCIACCA AND SHAW (a firm) (Defendant/Appellant)
FILE NO/S:	Appeal No 11977 of 1998 SC Writ No 7 of 1994
DIVISION:	Court of Appeal
PROCEEDING:	Appeal
ORIGINATING COURT:	Supreme Court of Queensland at Cairns
DELIVERED ON:	Judgment on 5 November 1999 Further Order of the court on 10 December 1999
DELIVERED AT:	Brisbane
HEARING DATE:	6 August 1999
JUDGES:	McPherson JA, Thomas JA, Helman J
FURTHER ORDER:	The defendant pay the plaintiff’s costs of the action including reserved costs on the District Court scale appropriate to the amount recovered. The respondent pay one half of the appellant’s costs of the appeal to be assessed.
COUNSEL:	Mr P McMurdo QC for the appellant Mr C Carrigan for the respondent
SOLICITORS:	Miller Harris & Co for the appellant Gayler Cleland Towne for the respondent