Williams v Geraldine Investments Pty Ltd

[2009] QDC 23

[2009] QDC 23

DISTRICT COURT
APPELLATE JURISDICTION

JUDGE EVERSON

Appeal No 284 of 2009

WILLIAMS	Appellant
and
GERALDINE INVESTMENTS PTY LTD	Respondent
CAIRNS ..DATE 23/01/2009
ORDER

1-1

HIS HONOUR: The order which I propose to make is this:

1

1.    The appeal is allowed;

2.    The matter is remitted to the Magistrates Court at Cairns

for rehearing by a Magistrate other than Magistrate Coates of	10
the application filed 30 June 2008 by the plaintiff in proceedings M872 of 2007;

3.    The respondent pay the appellant's costs of and

incidental to the appeal on the standard basis, to the extent	20
indemnified and when it receives funds pursuant to paragraph 4 hereof;

4.    That an indemnity certificate be issued to the respondent

pursuant to section 15 of the Appeal Costs Fund Act 1973 for	30
the respondent's costs of and incidental to this appeal (including such costs as are payable to the appellant and of the new hearing referred to in order 2 herein).
...	40
HIS HONOUR: In the circumstances therefore, Mr Ryan, Ms de me and placed with the papers.
50
...
MR RYAN: Your Honour, could I ask that a copy of the order -
can I obtain a copy of the order by mail, please?

1-2 ORDER 60

HIS HONOUR: Well, what will happen is that the order will be

taken out by Ms de Costa-----	1
MR RYAN: Yes.
HIS HONOUR: -----having regard to the initialled draft that served upon you.

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30
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50

1-3 ORDER 60