Sochorova v Cth

[2012] QCA 152

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. › Partial success on appeal
5. › Whether general rule should be displaced
6. › Apportionment of costs where party succeeds on some issues but not others
7. › Uniform Civil Procedure Rules 1999 (Qld), rr 681, 684, 692
1. Practice and Procedure
2. › Costs
3. › Self-represented litigants
4. › Whether unrepresented party can recover costs beyond disbursements
5. › Compensatory nature of costs orders
6. › Supreme Court Act 1995 (Qld), s 209
1. Practice and Procedure
2. › Costs
3. › Deferral of assessment
4. › Whether costs assessment should be deferred to avoid stifling prosecution of claim

Quick Take

Where an appellant succeeds on only one of several issues on appeal, the court may order the appellant to pay a proportion of the respondent's costs rather than applying a strict issue-by-issue apportionment. Assessment of costs may be deferred until the conclusion of the proceeding where enforcement might stifle the further prosecution of the claim. An unrepresented party can recover only disbursements, not compensation for time spent preparing the case.