Supreme Court Act 1995 (Qld) s 253 - leave to appeal costs orders - appeal against substantive judgment insufficient - must be arguable case that discretion will be overturned on appeal

Jackson, Sheryl (2009) Supreme Court Act 1995 (Qld) s 253 - leave to appeal costs orders - appeal against substantive judgment insufficient - must be arguable case that discretion will be overturned on appeal. Proctor, 29(10), p. 51.

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Abstract

The recent decision of the Court of Appeal in AGL Sales (Qld) Pty Ltd v Dawson Sales Pty Ltd [2009] QCA 262 provides clear direction on the Court’s expectations of a party seeking leave to appeal a costs order.This decision is likely to impact upon common practice in relation to appeals against costs orders. It sends a clear message to trial judges that they should not give leave as of course when giving a judgment in relation to costs, and that parties seeking leave under s 253 of the Supreme Court Act 1995 (Qld) should make a separate application. The application should be supported by material presenting an arguable case that the trial judge made an error in the exercise of the discretion of the kind described in House v King (1936) 55 CLR 499. A different, and interesting, aspect of this appeal is that it was the first wholly electronic civil appeal. The court-provided technology had been adopted at trial, and the Court of Appeal dispensed with any requirement for hard copy appeal record books.

Impact and interest:

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ID Code: 58870
Item Type: Journal Article
Refereed: No
Keywords: Supreme Court Act 1995 s 253, leave to appeal costs orders, must be arguable case that discretion will be overturned on appeal
ISSN: 1321-8794
Subjects: Australian and New Zealand Standard Research Classification > TECHNOLOGY (100000) > OTHER TECHNOLOGY (109900) > Technology not elsewhere classified (109999)
Australian and New Zealand Standard Research Classification > LAW AND LEGAL STUDIES (180000) > LAW (180100) > Litigation Adjudication and Dispute Resolution (180123)
Divisions: Current > QUT Faculties and Divisions > Faculty of Law
Copyright Owner: Copyright 2009 Sheryl Jackson
Deposited On: 03 Apr 2013 01:40
Last Modified: 23 Jul 2013 05:05

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