Leave to appeal Magistrate Court decisions – $25,000 threshold

Knight v Johnston & Anor [2014] QDC 242

A timely reminder that leave is required to appeal to the District Court, pursuant to s.45 of the Magistrates Courts Act 1921 for matters that fall within the monetary limit of a minor civil dispute (Schedule 3 of the Queensland Civil and Administration Act – $25,000), including personal injuries claims.

Otherwise, unsurprisingly Dr Cooke’s qualifications as an expert were accepted and in the absence of competing evidence, his opinion prevailed. Accordingly, the Magistrate’s decision to award General Damages of $5,720.00 for a soft tissue injury, without any allowance for lost earning capacity was not be set aside.

David Cormack – Brisbane Barrister & Mediator

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