ACI Operations P/L v Bawden

[2002] QCA 286

Queensland Court of Appeal

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Interrogate

Catchwords

1. Appeal
2. › Leave to appeal
3. › From District Court to Court of Appeal
4. › Discretionary grant of leave
5. › Criteria for grant under s 118 District Court Act 1967 (Qld)
6. › Whether error alone sufficient
7. › Whether important point of law or public importance remains relevant
8. › District Court Act 1967 (Qld), s 118
1. Appeal
2. › Appellate review
3. › Credibility findings
4. › Duty of appellate court to respect trial judge's credibility findings
5. › Whether District Court properly applied principles on appeal from Magistrates Court
6. › Magistrates Court Act 1921 (Qld), s 45(1)
1. Limitation of Actions
2. › Extension of time
3. › Industrial deafness
4. › Application under s 31 Limitation of Actions Act 1974 (Qld)
5. › Whether applicant unaware of extent of impairment
6. › Whether reasonable steps taken to ascertain facts

Quick Take

Following the 1997 amendment to s 118(3) of the District Court Act 1967 (Qld), the existence of an important point of law or question of general or public importance is a sufficient but not necessary prerequisite to a grant of leave to appeal; however, the mere detection of error in the judgment below is not ordinarily sufficient by itself. Appellate courts reversing discretionary decisions must properly engage with and explain any departure from the trial court's credibility findings.