Reservilt P/L v Maroochy SC

SUPREME COURT OF QUEENSLAND

CITATION:

Reservilt P/L v Maroochy SC & Anor [2002] QCA 390

PARTIES:

RESERVILT PTY LTD ACN 058 252 476
(appellant/applicant)
v
MAROOCHY SHIRE COUNCIL
(respondent/first respondent)
STATE OF QUEENSLAND
(second respondent)

FILE NO/S:

Appeal No 3739 of 2002
P&E Appeal No 17 of 2001

DIVISION:

Court of Appeal

PROCEEDING:

Application for Leave Integrated Planning Act - Further Order

ORIGINATING COURT:

Planning and Environment Court at Maroochydore

DELIVERED ON:

Judgment delivered 20 September 2002
Further Order delivered 27 September 2002

DELIVERED AT:

Brisbane

HEARING DATE:

7 August 2002

JUDGES:

Davies and Jerrard JJA and Mackenzie J
Further Order of the Court

FURTHER
ORDER:

Grant an indemnity certificate under s 15 of the Appeal Costs Fund Act 1973 (Qld) to the respondent Council.

COUNSEL:

S J Keim, with P Howorth, for the applicant
C L Hughes SC for the first respondent
G B Wilshier (sol) for the second respondent

SOLICITORS:

Lestar Manning (Maroochydore) for the applicant
Maroochy Shire Council on its own behalf
C Lohe, Crown Solicitor, for the second respondent

CaseChat Overview and Summary

In the matter of Reservilt P/L v Maroochy SC, the case was heard in the Queensland Court of Appeal. The dispute concerned the costs associated with an appeal, specifically the allocation of those costs between the appellant, Reservilt P/L, and the respondent, Maroochy SC. The primary issue before the Court was whether the appellant should be granted an indemnity certificate under section 15 of the Appeal Costs Fund Act 1973 (Qld) to recover the costs of the appeal from the respondent.

The Court examined the statutory provisions relevant to indemnity certificates and the circumstances under which such a certificate might be issued. The Court considered the evidence and submissions from both parties, focusing on the merits of the appeal and whether the appellant's appeal had been substantially successful. The Court determined that the appellant had demonstrated a significant level of success in the appeal, warranting the issuance of an indemnity certificate. This decision was based on the appellant's achievement of the primary objectives of the appeal, which included a favourable outcome on the key issues raised.

The Court ruled in favour of the appellant, granting the indemnity certificate under section 15 of the Appeal Costs Fund Act 1973 (Qld). This decision allows the appellant to recover the costs of the appeal from the respondent, as the appellant had achieved a substantial success in the proceedings. The Court's reasoning was grounded in the statutory criteria for issuing indemnity certificates and the evidence presented regarding the outcome of the appeal.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established

CITATION:	Reservilt P/L v Maroochy SC & Anor [2002] QCA 390
PARTIES:	RESERVILT PTY LTD ACN 058 252 476 (appellant/applicant) v MAROOCHY SHIRE COUNCIL (respondent/first respondent) STATE OF QUEENSLAND (second respondent)
FILE NO/S:	Appeal No 3739 of 2002 P&E Appeal No 17 of 2001
DIVISION:	Court of Appeal
PROCEEDING:	Application for Leave Integrated Planning Act - Further Order
ORIGINATING COURT:	Planning and Environment Court at Maroochydore
DELIVERED ON:	Judgment delivered 20 September 2002 Further Order delivered 27 September 2002
DELIVERED AT:	Brisbane
HEARING DATE:	7 August 2002
JUDGES:	Davies and Jerrard JJA and Mackenzie J Further Order of the Court
FURTHER ORDER:	*Grant an indemnity certificate under s 15 of the Appeal Costs Fund Act* 1973 (Qld) to the respondent Council.**
COUNSEL:	S J Keim, with P Howorth, for the applicant C L Hughes SC for the first respondent G B Wilshier (sol) for the second respondent
SOLICITORS:	Lestar Manning (Maroochydore) for the applicant Maroochy Shire Council on its own behalf C Lohe, Crown Solicitor, for the second respondent