Praxis P/L v Hewbridge P/L & Anor

[2004] QCA 79

Queensland Court of Appeal

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Interrogate

Catchwords

1. Practice and Procedure
2. › Appeals
3. › Right of appeal
4. › District Court to Court of Appeal
5. › Jurisdictional limit
6. › Whether judgment relates to claim for or relating to property of requisite value
7. › Distinction between claims for recovery of property in specie and personal actions for damages
8. › District Court of Queensland Act 1967 (Qld), s 118(2)(b)
1. Practice and Procedure
2. › Appeals
3. › Leave to appeal
4. › District Court to Court of Appeal
5. › Whether reasonably arguable that right of appeal exists
6. › Whether arguability survives determination that provision does not bear contended interpretation
7. › District Court of Queensland Act 1967 (Qld), s 118(5)
1. Practice and Procedure
2. › Appeals
3. › Leave to appeal
4. › Discretionary considerations
5. › Whether error of fact or law sufficient ground
6. › Whether question of general importance raised
7. › Finality of decisions below jurisdictional limit

Quick Take

Section 118(2)(b) of the District Court of Queensland Act 1967 (as amended in 2003) confers a right of appeal only where the judgment relates to a claim for recovery of property in specie or its value (such as actions for recovery of land or detinue), not where the claim is a personal action for damages that merely concerns or involves valuable property. The amount claimed in the action is not determinative of the right of appeal under the amended provision. The Schiliro approach to the former s 118(2)(b) does not apply to the amended provision.