Spencer v Burton

[2015] QCA 145

Queensland Court of Appeal

Built by Barristers,
For Australian Law.

See how it works

Interrogate

Catchwords

1. Practice and Procedure
2. › Costs
3. › General rule
4. › Costs follow the event
5. › Successful appellant entitled to costs on standard basis
6. › Whether costs should be limited to indemnity amount
7. › Uniform Civil Procedure Rules 1999 (Qld), rr 681, 766(1)(d)
8. › Appeal Costs Fund Regulation 2010 (Qld), s 14(1)
1. Practice and Procedure
2. › Costs
3. › Costs of first trial where new trial ordered
4. › Whether costs of first trial follow result of retrial
5. › Whether conduct of party caused need for new trial
1. Practice and Procedure
2. › Costs
3. › Indemnity certificate
4. › Appeal succeeding on question of law
5. › Where trial judge's errors not attributable to parties
6. › Appeal Costs Fund Act 1973 (Qld), s 15(1)

Quick Take

Where an appeal succeeds and a retrial is ordered, the successful appellant is entitled to costs of the appeal on the standard basis, and the costs of the first trial should ordinarily be determined by the new trial judge following the retrial. An indemnity certificate under s 15(1) of the Appeal Costs Fund Act 1973 (Qld) is appropriate where the appeal succeeds on errors of law not attributable to the respondent's conduct.