Alborn & Ors v Stephens & Ors

[2010] QCA 58

Queensland Court of Appeal

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Interrogate

Catchwords

1. Practice and Procedure
2. › Costs
3. › General rule that costs follow the event
4. › Costs of the issues
5. › Partial success on appeal
6. › Whether to depart from general rule
7. › Apportionment of costs
8. › Uniform Civil Procedure Rules 1999 (Qld), r 681
1. Practice and Procedure
2. › Costs
3. › Costs at first instance
4. › Proceeding remitted to primary judge
5. › Whether costs orders should be set aside and remitted for determination
1. Practice and Procedure
2. › Costs
3. › Indemnity certificate
4. › Whether respondent entitled to indemnity certificate where success resulted from error of reasoning by primary judge
5. › Appeal Costs Fund Act 1973 (Qld), s 15

Quick Take

Where an appellant succeeds on one of two main issues on appeal, the court may order the respondent to pay only half the appellant's costs of the appeal. Where a proceeding is remitted for further determination, first instance costs orders may be set aside and remitted to the primary judge for determination in light of the ultimate outcome. An indemnity certificate under s 15 of the Appeal Costs Fund Act 1973 (Qld) will not be awarded where the respondent actively advanced an erroneous basis for its case on appeal.