Emanuel Management P/L (in liq) & Ors v Foster's Brewing Group Ltd & Ors

[2003] QCA 516

Queensland Court of Appeal

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Interrogate

Catchwords

1. Practice and Procedure
2. › Costs
3. › Appeals as to costs
4. › Jurisdiction to entertain
5. › Whether non-party requires leave to appeal against costs order
6. › Supreme Court Act 1995 (Qld), s 253
1. Practice and Procedure
2. › Costs
3. › Orders against non-parties
4. › Litigation funder ordered to pay costs
5. › Whether costs order against non-party is an order 'as to costs only'
6. › Supreme Court Act 1995 (Qld), s 241, s 253
1. Appeal
2. › Leave to appeal
3. › Costs orders
4. › Competency of appeal filed without leave
5. › Whether appeal incompetent where leave not first obtained
6. › Supreme Court Act 1995 (Qld), s 253

Quick Take

Section 253 of the Supreme Court Act 1995 (Qld) requires a non-party against whom a costs order has been made to obtain leave to appeal from the primary judge before filing an appeal. The English approach under the Supreme Court of Judicature (Consolidation) Act 1925 (UK), which treated costs orders against non-parties as not being orders 'relating only to costs', does not apply to the differently worded Queensland provision. An appeal filed without leave is incompetent but does not preclude a subsequent application for leave to the primary judge.