Putland v Nowak

[2012] QCA 163

SUPREME COURT OF QUEENSLAND

CITATION:

Putland v Nowak [2012] QCA 163

PARTIES:

PAUL PUTLAND
(appellant)
v
JOSEPH NOWAK
(respondent)

FILE NO/S:

Appeal No 11198 of 2011
DC No 69 of 2010

DIVISION:

Court of Appeal

PROCEEDING:

General Civil Appeal – Further Order

ORIGINATING COURT:

District Court at Southport

DELIVERED ON:

Judgment delivered 11 May 2012
Further Order delivered 15 June 2012

DELIVERED AT:

Brisbane

HEARING DATE:

On the papers

JUDGES:

Holmes and Muir JJA and Mullins J
Judgment of the Court

ORDER:

The respondent be granted an indemnity certificate.

CATCHWORDS:

APPEAL – PRACTICE AND PROCEDURE – QUEENSLAND – APPEAL COSTS FUND – POWER TO GRANT AN INDEMNITY CERTIFICATE – WHEN GRANTED – where the appellant’s appeal was allowed with costs – where the appeal was successful due to trial judge’s errors of law – where these errors were not instigated by the respondent – where the respondent applied for an indemnity certificate – whether the respondent should be granted an indemnity certificate

Appeal Costs Fund Act 1973 (Qld)

COUNSEL:

No appearance by the appellant
No appearance by the respondent, the respondent’s submissions were heard on the papers

SOLICITORS:

McDonald Balanda & Associates for the appellant
Cronin Litigation Lawyers for the respondent

1. THE COURT: On 11 May 2012, this Court made orders which, inter alia, allowed the appellant’s appeal with costs.  The appeal succeeded on the basis of errors of law on the part of the trial judge which were not instigated by counsel for the respondent.  As was observed in Muir JA’s reasons delivered on 11 May 2012, this is an appropriate case for the grant to the respondent of an indemnity certificate under the Appeal Costs Fund Act 1973.

1. Accordingly, it is ordered that the respondent be granted an indemnity certificate in respect of appeal 11198/11.