Vale 1 P/L as Trustee for the Vale 1 Trust v Delorain P/L as Trustee for the Delorain Trust

[2010] QCA 351

Queensland Court of Appeal

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Catchwords

1. Practice and Procedure
2. › Costs
3. › General rule that costs follow the event
4. › Whether successful appellant deprived of costs at first instance
5. › Where appeal succeeded on ground not raised below
6. › Uniform Civil Procedure Rules 1999 (Qld), r 681
1. Practice and Procedure
2. › Costs
3. › Indemnity certificates
4. › Appeal Costs Fund
5. › Whether indemnity certificate should be granted to unsuccessful respondent
6. › Where appeal involved important point of statutory construction
7. › Appeal Costs Fund Act 1973 (Qld), s 15

Quick Take

A successful appellant is not deprived of costs at first instance merely because the appeal succeeded on a ground not raised below, where the appellant should have succeeded at first instance on other grounds. An indemnity certificate under s 15 of the Appeal Costs Fund Act 1973 (Qld) may be granted where the appeal involved an important point of statutory construction and the respondent's position was fairly arguable.

Case Details

Citation[2010] QCA 351

CourtQCA

JurisdictionQueensland

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Relies on5

2010Vale 1 P/L as Trustee for the Vale 1 Trust v Delorain P/L as Trustee for the Delorain TrustQCA 259
2008Sultana Investments P/L v Cellcom P/L (No. 2)QCA 398
2007Haug v Jupiters Limited t/a Conrad Treasury BrisbaneQCA 328
1998Oshlack v Richmond River CouncilHCA 11
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