Tony Lee v Quality Bakers Australia Limited

[2000] QCA 285

[2000] QCA 285
de JERSEY CJ
DAVIES JA
AMBROSE J

[LEE v QUALITY BAKERS AUSTRALIA LTD]

Appeal No 5237 of 1999

TONY LEE             (Plaintiff)            Appellant

v.

QUALITY BAKERS AUSTRALIA LIMITED
(trading as BUTTERCUP BAKERIES)
(ACN 004 205 449)     (Defendant)             Respondent

BRISBANE

..DATE 21/07/2000

JUDGMENT

DAVIES JA:  This matter was heard by a Court consisting of the Chief Justice, Mr Justice Ambrose and me. 

1. The appeal is allowed.

1. Set aside the judgment below, substitute a judgment for the appellant for $231,685.09 with costs and order that the respondent pay the appellant's costs of the appeal.

I publish the joint reasons for judgment of the Chief Justice and me and the separate reasons of Mr Justice Ambrose dissenting in part.

UNIDENTIFIED SPEAKER:  Good morning, your Honour.  Is it necessary for me to raise questions of any variation in his Honour Judge Wylie's order or is that something I can do at a later time?  In terms of offers to settle which impact on any costs order.

DAVIES JA:  Do they?

UNIDENTIFIED SPEAKER:  Yes.

DAVIES JA:  Well-----

UNIDENTIFIED SPEAKER:  I have prepared a schedule of the offers that were made.

DAVIES JA:  Well, obviously I can't make any variation in the order.  I think the best thing to do might be if - does that involve me vacating that order I made as to costs?

UNIDENTIFIED SPEAKER:  No, I don't think it does, your Honour.  that's something I can take up with my friends here.

DAVIES JA:  Well, maybe it does because the order is that the plaintiff have the costs below.

UNIDENTIFIED SPEAKER:  I think that is sufficient your Honour because the - this Court's judgment is lower than the plaintiff's offer to settle so that is - that's more than sufficient, thank you.

DAVIES JA:  All right. 

-----