SUPREME COURT OF QUEENSLAND
CITATION:
Praxis P/L v Hewbridge P/L & Anor [2004] QCA 79
PARTIES:
PRAXIS PTY LTD
ACN 010755030
(plaintiff/respondent)
v
HEWBRIDGE PTY LTD
ACN 010647560
(first defendant/applicant)
v
PKF INVESTMENT SERVICES PTY LTD
ACN 011007051(second defendant/applicant)
FILE NO/S:
Appeal No 547 of 2004
DC No 229 of 2001
DIVISION:
Court of Appeal
PROCEEDING:
Application for leave s 118 DCA (Civil)
ORIGINATING COURT:
District Court at Mackay
DELIVERED ON:
26 March 2004
DELIVERED AT:
Brisbane
HEARING DATE:
9 March 2004
JUDGES:
McPherson and Jerrard JJA and McMurdo J
Judgment of the Court
ORDER:
Application dismissed with costs
CATCHWORDS:
PROCEDURE – QUEENSLAND – DISTRICT COURTS – CIVIL JURISDICTION – APPEAL AND NEW TRIAL – APPEAL TO SUPREME COURT – FROM WHAT DECISIONS AND ON WHAT GROUNDS – where applicants seek leave to appeal after judgment given in District Court for $49,596 after $54,600 claimed for misrepresentation about suitability of land – whether judgment equal to or more than jurisdictional limit – whether judgment is for or relating to property equal to or more than jurisdictional limit – whether it is reasonably arguable that there is a right of appeal – whether there is any reason to grant leave to appeal
District Court of Queensland Act 1967 (Qld) s 118(2), s 118(3), s 118(5)
Schiliro v Peppercorn Child Care Centres Pty Ltd [2000] 2 Qd R 83; [1998] QCA 446 distinguished
COUNSEL:
G F Crow for the applicants
R W Morgan for the respondent
SOLICITORS:
Macrossan & Amiet (Mackay) for the applicants
McKays (Mackay) for the respondent
:THE COURT This is an application for leave to appeal against a judgment given after a trial in the District Court at Mackay. The judgment was for a total amount of $49,596 and was given on 24 December 2003. It has been assumed by the parties, no doubt correctly, that at that date the provisions of the recently amended s 118(2) of the District Court of Queensland Act 1967 applied to this application. The amendment was effected by the Justice and Other Legislation Amendment Act 2003 (Act no 77 of 2003), which took effect on 8 December 2003.
As amended at that date, s 118 provided, so far as material, that:
“(1) …
(2) A party who is dissatisfied with a final judgment of the District Court in its original jurisdiction may appeal to the Court of Appeal if the judgment -
(a)is given for an amount equal to or more than the Magistrates Courts jurisdictional limit; or
(b)relates to a claim for, or relating to, property that has a value equal to or more than the Magistrates Courts jurisdictional limit.
(3) A party who is dissatisfied with any other judgment of the District Court, whether in the court’s original or appellate jurisdiction, may appeal to the Court of Appeal with the leave of that court.
(4)…
(5) If it is reasonably arguable that a right of appeal under this section exists, the Court of Appeal may treat that…
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- Case
- [2004] QCA 79
- Decision Date
CaseChat Overview and Summary
The central legal issue before the court was whether the judgment amount met or exceeded the jurisdictional limit of the District Court. The court had to determine if the judgment itself or the amount related to the property in dispute was equal to or exceeded the jurisdictional limit of the District Court, which is $750,000 under the Queensland Civil and Administrative Tribunal and Civil and Administrative Appeals legislation. Additionally, the court needed to decide whether there was a reasonably arguable right of appeal and if any grounds existed for granting leave to appeal.
The Supreme Court found that the District Court's judgment did not exceed the jurisdictional limit and that it was not reasonably arguable that the District Court lacked jurisdiction. The court reasoned that the amount awarded did not equate to or exceed the jurisdictional threshold and did not relate to property of a value that would elevate the matter beyond the District Court's jurisdiction. Consequently, the application for leave to appeal was dismissed, and the applicants were ordered to pay costs.
Orders
Orders of the court
Application dismissed with costs
Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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