Murdoch v Lake

[2014] QCA 269

Queensland Court of Appeal

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Interrogate

Catchwords

1. Practice and Procedure
2. › Costs
3. › Costs following the event
4. › Partially successful party
5. › Apportionment of costs where party unsuccessful on discrete issue
6. › Whether successful party should bear costs of issues on which it failed
7. › Uniform Civil Procedure Rules 1999 (Qld), rr 681, 684, 766(1)(d)
1. Appeal
2. › Costs of appeal
3. › General principle that successful appellant receives costs
4. › Uniform Civil Procedure Rules 1999 (Qld), r 766(1)(d)

Quick Take

Where a party is substantially successful on appeal but failed on a discrete issue that occupied approximately 20% of the hearing below, a 75% costs order in favour of the successful party is appropriate. The 'event' for costs purposes is determined by reference to the events or issues arising in the proceedings, not merely the judgment obtained.