Schache & Ors v GP No 1 Pty Ltd & Ors

[2012] QCA 233

Queensland Court of Appeal

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Interrogate

Catchwords

1. Practice and Procedure
2. › Costs
3. › Indemnity costs
4. › Interlocutory application
5. › Whether circumstances warranted departure from standard basis
6. › Whether persistence in hopeless interlocutory application justified indemnity costs
7. › Uniform Civil Procedure Rules 1999 (Qld), rr 681, 702, 703
1. Appeal
2. › Powers of Court of Appeal
3. › Appeal from discretionary costs order
4. › Standard of appellate review
5. › Whether primary judge's exercise of discretion miscarried
6. › Heavy burden on appeals from interlocutory costs orders
7. › House v The King (1936) 55 CLR 499
1. Practice and Procedure
2. › Interlocutory applications
3. › Injunctions
4. › Balance of convenience
5. › Whether court obliged to fashion alternative relief not sought by applicant
6. › Role of adversarial process in defining issues for determination

Quick Take

The appropriate costs order on an interlocutory application depends on the result and merits of that application, not on the identification of a triable issue in the underlying proceedings. An applicant who brings an interlocutory application without consulting affected parties and persists in seeking relief that would cause serious financial detriment may face indemnity costs. Appeals from interlocutory costs orders face a particularly heavy burden under House v The King principles.