Vella & Anor v Scriha

[2002] QCA 146

[2002] QCA 146

COURT OF APPEAL

McMURDO P
DAVIES JA
PHILIPPIDES J

Appeal No 4925 of 2001

KENNETH ALLAN VELLA             First Plaintiff/Appellant

and

RICHARD CHARLES VELLA          Second Plaintiff/Appellant

and

JOSEPH JAMES SCRIHA            First Defendant/Respondent

and

MARY ANN SCRIHA               Second Defendant/Respondent

and

ANTHONY JOSEPH SCRIHA          Third Defendant/Respondent

and

RITA MARIA SCRIHA             Fourth Defendant/Respondent

BRISBANE

..DATE 23/04/2002

JUDGMENT

McPHERSON JA:  The Court consisted of the President, Justices Davies and Philippides.

The orders are as follows:

That the appeal be allowed, the judgment of the District Court set aside, and in lieu judgment be given for the appellants in the sum of $30,066.40.

Also that the parties be given 14 days from the delivery of this judgment to file and serve any submissions as to costs, and in the absence of any submissions within that time, it is ordered that the respondents pay the appellants' costs to be assessed.

Again there are separate reasons for judgment of each member of the Court, which I publish.

-----