Weston v Bradford
[2010] QDC 356
•22 September 2010
DISTRICT COURT OF QUEENSLAND
CITATION:
Weston v Bradford [2010] QDC 356
PARTIES:
HOWARD MERVIN WESTON
(Appellant)
v
CLAYTON BRADFORD
(Respondent)
FILE NO/S:
946/2010
DIVISION:
Civil
PROCEEDING:
Appeal
ORIGINATING COURT:
Magistrates Court
DELIVERED ON:
22 September 2010
DELIVERED AT:
Brisbane
HEARING DATE:
Written submissions
JUDGE:
Dorney QC DCJ
FURTHER ORDER:
The appellant pay the respondent’s costs of the appeal to be assessed on the standard basis.1.
CATCHWORDS:
APPEAL - ORDER AS TO COSTS
COUNSEL:
G. Forward for the Appellant
S. Mcleod for the Respondent
SOLICITORS:
(Direct Professional Access for the Appellant)
Q.P.S. Solicitors for the Respondent
Introduction
On 1 September 2010 I ordered, with respect to costs, that both parties have liberty to make submissions on costs by 4.00 pm on 8 September 2010, in circumstances where I dismissed the appeal.
The appellant has made no submissions on costs.
The respondent has filed written submissions on costs within the designated time for which liberty was granted.
Analysis
The respondent’s written submissions on costs refer to the decision by McGill DCJ in Phillips v Woolcock [2002] QDC 035. There, after analysing s 149 of the Weapons Act 1990 – which was the provision of concern here – it was held that that particular provision was not forthcoming as to the powers of the District Court on appeal: at [36]. Accordingly, in the absence of a contrary provision, it was held that r 785 of the Uniform Civil Procedure Rules applied. This, relevantly, made r 766(1) of the UCPR applicable on the hearing of such an appeal: also at [36]. This included a power to order costs: see r 766(1)(d).
Furthermore, McGill DCJ held that while he had power to make orders as to costs of the appeal, there did not appear to be any power to make an order in relation to the costs of the appeal to the Magistrates Court: at [37].
In consequence, since I remarked that, statutory impediments apart, costs will ordinarily follow the event, the appropriate course, bearing in mind that relevant guidance, is to order that the appellant pay the respondent’s costs of the appeal to be assessed on the standard basis.
Order
The order that is to be made is that the appellant pay the respondent’s costs of the appeal to be assessed on the standard basis.
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