SUPREME COURT OF QUEENSLAND
CITATION:
Worchild v Petersen [2008] QCA 26
PARTIES:
ANDREW WORCHILD
(appellant/applicant)
v
MARK TROY PETERSEN
(respondent/respondent)FILE NO/S:
Appeal No 185 of 2007
DC No 593 of 2006DIVISION:
Court of Appeal
PROCEEDING:
Application for Leave s 118 DCA (Civil)
ORIGINATING COURT:
District Court at Southport
DELIVERED ON:
22 February 2008
DELIVERED AT:
Brisbane
HEARING DATE:
18 February 2008
JUDGES:
McMurdo P, Holmes JA and Mackenzie AJA
Separate reasons for judgment of each member of the Court, each concurring as to the orders madeORDER:
1. Application for leave refused
2. Applicant to pay the respondent’s costs of the application on the standard basis
CATCHWORDS:
APPEAL AND NEW TRIAL – APPEAL – PRACTICE AND PROCEDURE – QUEENSLAND – WHEN APPEAL LIES – BY LEAVE OF COURT – COSTS ORDERS – where District Court allowed applicant’s appeal against conviction – where order for costs limited to out-of-pocket expenses – where applicant also sought professional costs – whether applicant should be granted leave to appeal under s 118(3) District Court Act 1967 (Qld) on the issue of costs
APPEAL AND NEW TRIAL – APPEAL – GENERAL PRINCIPLES – INTERFERENCE WITH DISCRETION OF COURT BELOW – IN GENERAL – GENERAL PRINCIPLES – where District Court Judge made discretionary order as to costs – whether that discretionary order should be set aside
PROCEDURE – COSTS – TAXATION – PARTICULAR ITEMS – SOLICITOR’S PROFIT COSTS – SOLICITOR PARTY – where applicant previously held a Restricted Employee Practising Certificate under the Legal Profession Act 2004 (Qld) – where applicant did not renew his Practising Certificate – where applicant did not hold a Practising Certificate when he represented himself before the Magistrates Court and District Court - whether the District Court Judge erred in refusing to allow professional costs
District Court Act 1967 (Qld), s 118
Justices Act 1886 (Qld)
Legal Profession Act 2004 (Qld)
Queensland Law Society Act 1952 (Qld)A & D Douglas Pty Ltd v Lawyers Private Mortgages Pty Ltd [2006] FCA 690, cited
Atlas Corporation Pty Ltd v Kalyk [2001] NSWCA 10, cited
Cachia v Haynes (1994) 179 CLR 403; [1994] HCA 14, considered
Dobree v Hoffman (1996) 18 WAR 36, cited
Guss v Veenhuizen (No 2) (1976) 136 CLR 47; [1976] HCA 57, applied
House v R (1936) 55 CLR 499; [1936] HCA 40, applied
Labaj v Brown & Anor [2005] QCA 54, cited
Lloyd v Hill [2004] NSWSC 652, considered
McIlraith v Ilkin& Anor (Costs) [2007] NSWSC 1052, followed
Pickering v McArthur [2005] QCA 294, cited
Rigney v Littlehales & Ors [2005] QCA 252, cited
Winn v Garland Hawthorn Brahe(a firm) (Ruling No 1) [2007] VSC 360, citedCOUNSEL:
The applicant appeared on his own behalf
G P Sammon for the respondentSOLICITORS:
The applicant appeared on his own behalf
Crown Law for the respondent
MURDO P: McThe application for leave to appeal should be refused with costs for the…
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- AGLC
- Worchild v Petersen [2008] QCA 26
- Case
- [2008] QCA 26
- Decision Date
CaseChat Overview and Summary
The court examined the principles of interference with the discretion of the court below and found that the District Court Judge had exercised their discretion appropriately in making the order as to costs. The court held that the applicant, who previously held a Restricted Employee Practising Certificate but did not hold a practising certificate when representing himself, was not entitled to professional costs. The court found no error in the District Court's refusal to allow professional costs. The court ruled that the applicant was not entitled to appeal the District Court's decision on the issue of costs.
Accordingly, the court refused the application for leave to appeal. The applicant was ordered to pay the respondent's costs of the application on the standard basis. This decision underscores the importance of maintaining a valid practising certificate to claim professional costs in legal proceedings.
Orders
Orders of the court
1. Application for leave refused
2. Applicant to pay the respondent’s costs of the application on the standard basis
Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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