Vella v Cummins

[2001] QCA 491

[2001] QCA 491

COURT OF APPEAL

McMURDO P
McPHERSON JA
CHESTERMAN J

Appeal No 6403 of 2001

DEAN VELLA  Respondent

(Applicant)

and

GREG CUMMINS  First Appellant

(First Respondent)

and

DAVID McCULLOUGH  Not party to appeal
  (Second Respondent)

and

DONALD LEVICK  Not party to appeal

(Third Respondent)

and

JOELLE CUMMINS  Second Appellant

(Fourth Respondent)

Appeal No 6404 of 2001

DEAN VELLA  Respondent
  (Applicant)

and

GREG CUMMINS  First Appellant
  (First Respondent)

and

DAVID McCULLOUGH  Not party to appeal
  (Second Respondent)

and

DONALD LEVICK  Not party to appeal
  (Third Respondent)

and

JOELLE CUMMINS  Second Appellant
  (Respondent)

BRISBANE

..DATE 07/11/2001

ORDER

THE PRESIDENT:  The parties have agreed to the following consent order, which on the written submissions before us seems to be appropriate:

(1)that the appeal proceedings 6403 and 6404 of 2001 be transferred to the Full Court of the Federal Court for hearing and determination in Brisbane;

(2)that the appellant pay the respondents' costs thrown away by reason of the appeals having been commenced in the inappropriate jurisdiction; and

(3)that the appellant pay the respondents' costs of and incidental to the application to transfer the proceedings.

McPHERSON JA:  If it is necessary to say so, I agree with the order that has been pronounced.

CHESTERMAN J:  I also agree.

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