Pazese Pty Ltd v Sciacca & Shaw
[1999] QCA 455
At a glance
Source factsCourt
Court of Appeal (Qld)
Decision date
1999-11-05
Before
McPherson JA, Thomas JA, Helman J
Source
Original judgment source is linked above.
Judgment (5 paragraphs)
**[1] McPHERSON JA: I agree with the orders proposed by Thomas JA and Helman J for disposing of the costs of the appeal and of the action.
[2] THOMAS JA & HELMAN J: There were unsatisfactory features in the presentation of the case below, including failure to refer the court to the relevant authority of Kizbeau. This was a dominant factor in the result miscarrying. It is not a case where fault on the part of the court or the system requires the appeal costs fund to be held responsible for correcting the situation.
[3] As each party contributed to the unsatisfactory result below and to the corresponding need for appeal, there should be some limitation of costs of the appeal. We would therefore propose the following orders: