Amended - King Tide Company Pty Ltd v Arawak Holdings Pty Ltd

[2021] QCA 91

Queensland Court of Appeal

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Interrogate

Catchwords

1. Appeal
2. › Powers of appellate court
3. › Remitter to trial division
4. › Scope of rehearing
5. › Whether court has power to confine rehearing to particular point
6. › Whether rehearing limited to ground subject of appeal
1. Practice and Procedure
2. › Costs
3. › Costs of appeal
4. › Depriving successful party of costs
5. › Whether costs should be reserved pending rehearing

Quick Take

A Court of Appeal has power to confine the scope of a rehearing on remitter to the particular point that was the subject of the appeal, and it is appropriate to do so where the appeal was brought on only one ground. Waterways Authority v Fitzgibbon does not deny the existence of such a power. Costs of an appeal may be reserved where the outcome of the rehearing may render it unjust to impose appeal costs on the respondent.