Chief Executive, Department of Transport and Main Roads v Cidneo Pty Ltd

[2015] QCA 168

Queensland Court of Appeal

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Interrogate

Catchwords

1. Practice and Procedure
2. › Costs
3. › General rule — costs follow the event
4. › Partial success on appeal
5. › Whether costs should be apportioned where unsuccessful ground not sufficiently distinct
1. Practice and Procedure
2. › Costs
3. › Indemnity certificate
4. › Appeal Costs Fund Act 1973 (Qld), s 15
5. › Whether indemnity certificate should be granted
6. › Whether respondent showed ground calling for exercise of discretion
1. Practice and Procedure
2. › Costs
3. › Mixed success below
4. › Whether each party should bear own costs

Quick Take

Where an appellant succeeds on one of two related grounds of appeal involving the same evidence and arguments, costs need not be apportioned. An indemnity certificate under s 15 of the Appeal Costs Fund Act 1973 (Qld) will not be granted merely because the respondent's argument succeeded below; the applicant must show some ground beyond the ordinary risk of litigation expense, such as incurring costs through no fault of their own due to judicial error.