R E & G L Coombes Investments Pty Ltd v Bosso

[1993] QCA 94

[1993] QCA 094

COURT OF APPEAL

FITZGERALD P
PINCUS JA

McPHERSON JA

Appeal No 248 of 1992

R E and G L COOMBES INVESTMENTS PTY LTD        Respondent

v.

ANTHONY BOSSO  Appellant

BRISBANE

..DATE 03/03/93

JUDGMENT

1. T 18/TW M/T COA93/431

THE PRESIDENT: Well by consent there will be orders in terms of the draft placed before the Court by counsel.  In addition to that I would order the respondent to pay the appellant’s taxed costs of and incidental to the appeal, but not to exceed the sum of $2,000.  In my view the better view seems to be that this matter was not properly canvassed below by the appellant, but on the other hand when the respondent indicated in January he was prepared to make a concession and to allow the appeal to succeed, it was encumbent upon it to pay the costs up until that time.  It’s failure to do so has meant that those costs have been significantly increased.

McPHERSON JA: I agree.

PINCUS JA: I agree.

THE PRESIDENT: The order of the Court is as I have indicated.  Just before you go, Mr Jones, you should file that affidavit, I’m told it’s not filed.  It has been filed.  It wasn’t filed but it is now, thank you.

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