District Court

Nolan Meats Pty Ltd v Waltisbuhl [2017] QDC 057 (4229/14) Sheridan DCJ 20 March 2017

Full-text: QDC17-057.pdf


APPEAL AND NEW TRIAL – PROCEDURE – QUEENSLAND – WHEN APPEAL LIES – FROM MAGISTRATES COURT – BY LEAVE OF COURT – where the appellant and the respondent entered into an agreement for the supply of goods– where the agreement provided that the appellant reserved the right to charge the respondent all costs associated with the collection of overdue accounts including the appellant’s legal costs on a solicitor/own client basis – where the appellant sought its legal costs to be paid by the respondent on a solicitor/own client basis – where the learned Magistrate found the court had no evidence the costs fell within the description solicitor/own client costs – where the learned Magistrate performed an assessment of costs – where the appellant seeks judgment for the entire amount of its claim and an order that it recover its costs on an indemnity basis – whether some important principle of law or justice is involved – whether leave to appeal should to be granted