Under s 118(2)(b) of the District Court Act 1967 (Qld), a plaintiff whose claim is dismissed in the District Court has a prima facie right of appeal as of right where the amount claimed exceeds the Magistrates Courts jurisdictional limit ($50,000). The amount claimed prima facie establishes the 'value' of the claim. The Court of Appeal is not required to evaluate the likely outcome of the appeal to determine whether a right of appeal exists. Where a claim is dismissed, s 118(2)(a)(i) does not apply because there is no judgment 'given for' any amount.
The full text is available to signed-in members, including the 1 later case that cites this judgment.
1 of the 1 citing case carries a classified treatment. How each court treated it is available to signed-in members.