Baluskas & Anor v Brose

[2021] QCA 251

Queensland Court of Appeal

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Interrogate

Catchwords

1. Appeal
2. › Right of appeal
3. › Interlocutory decisions
4. › Leave to appeal
5. › Costs orders
6. › Whether Court of Appeal has power to grant leave to appeal costs-only order from District Court
7. › District Court of Queensland Act 1967 (Qld), s 118B
1. Practice and Procedure
2. › Costs
3. › Indemnity costs
4. › Application doomed to fail
5. › Whether indemnity costs should be awarded against applicants who brought incompetent application

Quick Take

An appeal to the Court of Appeal in relation to costs only from the District Court requires leave of the judge who made the order (or another District Court judge) under s 118B of the District Court of Queensland Act 1967; the Court of Appeal has no power to grant such leave, and an application for extension of time will be refused as futile where this prerequisite is not met.

Case Details

Citation[2021] QCA 251

CourtQCA

JurisdictionQueensland

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