AAD Design Pty Ltd v Brisbane City Council

[2012] QCA 102

Queensland Court of Appeal

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Interrogate

Catchwords

1. Practice and Procedure
2. › Costs
3. › Apportionment of costs
4. › Partial success on appeal
5. › Whether costs should reflect relative victories of the parties
1. Practice and Procedure
2. › Costs
3. › Planning and environment appeals
4. › Public interest factor
5. › Whether public interest warrants no order as to costs

Quick Take

Where a respondent succeeds on appeal but only on one of multiple grounds advanced, and the court below was found to have erred in its legal approach, costs may be apportioned to reflect the relative victories of the parties rather than awarded in full or denied entirely.

Case Details

Citation[2012] QCA 102

CourtQCA

JurisdictionQueensland

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Relies on2

2010Queensland Construction Materials P/L v Redland City Council & OrsQCA 248
1998Project Blue Sky v ABAHCA 28

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