District Court

Murdoch v Alex Mackay & Co [2017] QDC 081 (16/3831) Bowskill QC DCJ 10 April 2017

Full-text: QDC17-081.pdf


APPEAL LEAVE TO APPEAL where judgment entered in the Magistrates Court against the appellants, in a claim by the first respondent solicitors to recover professional fees, for the amount certified by a costs assessor where appeal sought to be brought on the basis the Magistrate erred in entering judgment for the amount so certified, rather than the amount of the claim; that the Magistrate erred in finding there was a valid and binding costs agreement, in the face of an argument the costs agreement was void for uncertainty; and on the basis of a failure to give adequate reasons whether some important principle of law or justice is involved

Uniform Civil Procedure Rules considered

Rule 737 - Certificate of assessmentRule 742 - Review by courtRule 743B - If recovery proceedings startedRule 743G - Directions hearingRule 743H - Application to court for directions after certificate of assessment filedRule 743I - Application of other rules