Averono & Anor v Mbuzi & Anor

[2007] QCA 174

Queensland Court of Appeal

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Interrogate

Catchwords

1. Practice and Procedure
2. › Costs
3. › Appeals as to costs
4. › Requirement for leave to appeal costs orders
5. › Whether appeal incompetent where leave not obtained from judge making costs order
6. › Supreme Court Act 1995 (Qld), s 253
1. Practice and Procedure
2. › Costs
3. › Appeals as to costs
4. › Whether valid reason demonstrated for varying costs orders
5. › Whether appeal without merit
1. Practice and Procedure
2. › Judgments and orders
3. › Application to vary or set aside orders
4. › Whether application under UCPR r 667 unreasonably stale
5. › Uniform Civil Procedure Rules 1999 (Qld), r 667

Quick Take

An appeal from a costs order made by a Supreme Court judge under s 253 of the Supreme Court Act 1995 (Qld) requires leave of the judge who made the order; failure to obtain such leave renders the appeal incompetent. Applications under UCPR r 667 to vary or set aside orders that are brought approximately 20 months after the orders are unreasonably stale, though delay is not necessarily fatal to a meritorious application.