ChongHerr Investments Ltd v Titan Sandstone P/L

[2007] QCA 278

Queensland Court of Appeal

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Interrogate

Catchwords

1. Practice and Procedure
2. › Costs
3. › Assessment and quantification
4. › Power of Court of Appeal to fix costs
5. › Whether court should exercise power under r 685(2) UCPR
6. › Uniform Civil Procedure Rules 1999 (Qld), r 685(2)
1. Practice and Procedure
2. › Costs
3. › Assessment and quantification
4. › Two counsel
5. › Whether appeal reasonably required services of two counsel
6. › Commercial dispute of considerable importance involving issues of law of some difficulty
1. Practice and Procedure
2. › Costs
3. › Assessment and quantification
4. › GST input tax credits
5. › Whether input tax credit applies to solicitors' professional fees or only to outlays attracting GST
1. Practice and Procedure
2. › Costs
3. › Assessment and quantification
4. › Solicitors' attendances
5. › Whether attendances claimable under both Sch 1 Item 16 and Sch 1 Item 1 of UCPR
6. › Uniform Civil Procedure Rules 1999 (Qld), Sch 1 Items 1, 16, 17

Quick Take

GST input tax credits apply to outlays attracting GST, not to solicitors' professional fees. Solicitors' attendances may be claimed under both Sch 1 Item 16 and Sch 1 Item 1 of the UCPR. In a commercial dispute of considerable importance involving issues of law of some difficulty where the appellant lost at first instance, the engagement of two counsel for the appeal is reasonable.