In the District Court of Queensland, the case of Elem Investments Pty Ltd & Anor v Blackbird Finance Pty Ltd & Anor [2024] QDC 157 (the appellants being Elem Investments Pty Ltd and Lisa Miller, the respondents Blackbird Finance Pty Ltd and Stewart Wilkinson) involved an appeal concerning two key applications—a notice of appeal and a judgment by instalments order. On August 16, 2024, the court granted leave for the appellants to amend their notice of appeal to include Lisa Miller but ultimately dismissed both their appeal and instalment order application. The appellants' case initially stemmed from two iterations of a default decision registered in the Magistrates Court and various contentions regarding stays and service issues. Despite arguing against costs ordered by Magistrate McKenzie, the court found no grounds for procedural error, affirmed the correctness of the stay order decisions, and ultimately directed the appellants to bear the legal costs of $9,000 for the applications.
Full text: https://www.sclqld.org.au/caselaw/149113