Consolidated Meat Group Pty Ltd v Hoi Fung Hong Br No 09661649 [2003] QSC 122
State Reporting Bureau
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Queensland Government
Department of Justice and Attorney-General
Transcript of Proceedings
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SUPREME COURT OF QUEENSLAND
CIVIL JURISDICTION
AMBROSE J
1 No 528 of 1997
CONSOLIDATED MEAT GROUP PTY LTD
ACN 065 093 709 Plaintiff
and
HOI FUNG HONG BR NO 09661649
A COMPANY REGISTERED IN HONG KONG Defendant
BRISBANE
..DATE 06/03/2003
JUDGMENT
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4th Floor, The Law Courts, George Street, Brisbane, Q. 4000 Telephone: (07) 3247 4360 Fax: (07) 3247 5532
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MR O'DEA: I have a draft judgment order ----
HIS HONOUR: Oh, do you have a draft judgment?
MR O'DEA: Yes.
HIS HONOUR: I will indicate that I will make an order in
that form except that with respect to the second part of the
judgment I will have to comply with the requirements of
rule 698(2) and (3).
HIS HONOUR: In this matter I indicated to the solicitor for
the plaintiff that I proposed to give judgment for the sum
contained in the draft judgment that he handed to me but
that I would refrain from making any order for costs until
he was able to provide me with the date upon which the
Magistrates Court jurisdiction was increased from $40,000 to
$50,000. I have now been advised that that increase
occurred as from 1 August 1997. This action, however,
commenced on 20 January 1997. It follows, of course, that
at the time this action was commenced the Magistrates Court
did not have jurisdiction to entertain it but that the
District Court did have jurisdiction to entertain it.
Consequently, I have amended the draft judgment to order
06032003 jjh (Ambrose J)
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that the defendant pay the plaintiff's costs of and
incidental to the action to be assessed on the standard
basis as if this proceeding had been commenced in the
District Court.
I make an order, therefore, in terms of the draft, which I
sign today and place with the papers.
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Official source: https://www.sclqld.org.au/caselaw/QSC/2003/122