DISTRICT COURT OF QUEENSLAND
CITATION:
Paradise Outdoor Building Company Pty Ltd v Steward (No. 2) [2021] QDC 7
PARTIES:
PARADISE OUTDOOR BUILDING COMPANY PTY LTD
(appellant)v
SHARON MARIA STEWARD
(respondent)FILE NO/S:
D31/19
DIVISION:
PROCEEDING:
s 222 Appeal
ORIGINATING COURT:
Mackay Magistrates Court
DELIVERED ON:
29 January 2021
DELIVERED AT:
Brisbane
HEARING DATE:
26 May 2020
JUDGE:
Dearden DCJ
ORDER:
1. The appellant pay the respondent’s costs, fixed at $2,100.
CATCHWORDS:
COSTS – appeal pursuant to s 222 Justices Act 1886 (Qld) – unsuccessful appellant – respondent seeks costs on scale for District Court appeal – not opposed by appellant.
LEGISLATION:
Justices Act 1886 (Qld) s 226, s 232A(1)
Justices Regulation 2014 (Qld) Sch 2
CASES:
DL v R (2018) 266 CLR 1; [2018] HCA 26
DPP (Cth) v Poniatowska (2011) 244 CLR 408; [2011] HCA 43
Drew v Makita(Australia) Pty Ltd [2009] 2 Qd R 21
Mbuzi v Torcetti (2008) 50 MVR 451; [2008] QCA 231
R v Doolheee [2017] 262 CLR 402; [2017] HCA 36
COUNSEL:
K. Mellifont QC with A.J. Smith for the appellant
L. Crowley QC with S. Harburg for the respondent
SOLICITORS:
Carter Newell Lawyers for the appellant
Office of Work, Health and Safety Prosecutor for the respondent
Costs
The successful respondent, Sharon Maria Steward, seeks an award of costs on the appeal, pursuant to the scale prescribed under the Justices Regulation 2014. This court’s discretion to award costs is conferred by Justices Act s226, and pursuant to Justices Act s232A(1), the costs are subject to the scale set out as Schedule 2 of the Justices Regulation. In accordance with that scale, and subject to the 20% increase which the court may allow for an appeal to the District Court, the respondent seeks $2,100 in costs as follows:
(a) $1,800 for preparation for and attendance at the appeal hearing on 26 May, 2020; and
(b) $300 for appearance for delivery of judgment on 27 November, 2020.[1]
[1]Respondent’s Submissions on Costs dated 11.12.2020.
The appellant, Paradise Outdoor Building Company Pty Ltd, concedes that the order sought by the respondent is the appropriate order, and the appropriate amount, in the circumstances.[2]
[2]Appellant’s Submissions On Costs 18.12.2020.
Accordingly, the order is as follows:
The appellant pay the respondent’s costs, fixed at $2,100.