QLDQCA
Mbuzi v Hall & Ors [2010] QCA 23
[2010] QCA 23
Court of Appeal (Qld)|2010-02-19|Before: Chesterman JA
View original sourceAt a glance
Source factsCourt
Court of Appeal (Qld)
Decision date
2010-02-19
Before
Chesterman JA
Catchwords
- PROCEDURE – COSTS – the applicant’s application for a
- stay of execution of a Court of Appeal order was dismissed
- on 4 February 2010
- – whether costs should be awarded to the respondents on an indemnity
Source
Original judgment source is linked above.
Catchwords
PROCEDURE – COSTS – the applicant’s application for astay of execution of a Court of Appeal order was dismissedon 4 February 2010– whether costs should be awarded to the respondents on an indemnitybasis
Judgment (4 paragraphs)
[1]
**[1] CHESTERMAN JA: On 4 February 2010 I dismissed Mr Mbuzi's application for a stay of the order made by the Court of Appeal (2009 QCA 405) on 24 December 2009. The application was brought pursuant to UCP rule 668(1)(b). I dismissed the application because it seemed to me a judge of appeal had no power under the rule to make the order sought and because, in any event, the precondition for the power conferred by the rule had not been satisfied. Mr Mbuzi had not discovered any facts after the judgment of the Court of Appeal was pronounced on Christmas Eve which, had he known them earlier, would have entitled him to a different order.
[2]