John Urquhart t/as Hart Renovations v Partington & Anor

[2016] QCA 199

Queensland Court of Appeal

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Interrogate

Catchwords

1. Practice and Procedure
2. › Costs
3. › Appeals
4. › Costs following the event
5. › Whether successful appellant entitled to costs where not all grounds or arguments succeeded
6. › Whether partial success on orders sought warrants departure from general rule
7. › Civil Proceedings Act 2011 (Qld), s 15
8. › Uniform Civil Procedure Rules 1999 (Qld), r 766(1)(d)
1. Practice and Procedure
2. › Costs
3. › Appeals
4. › Costs of proceeding below
5. › Whether appellate court should make costs order in respect of proceeding remitted to tribunal below
1. Practice and Procedure
2. › Appeal Costs Fund
3. › Indemnity certificate
4. › Whether certificate should be granted to unsuccessful respondent
5. › Whether question of law fairly arguable on both sides
6. › Appeal Costs Fund Act 1973 (Qld), s 15

Quick Take

The general principle that costs follow the event in appeals under r 766(1)(d) UCPR is not displaced merely because the successful appellant did not obtain the precise orders sought or did not succeed on all grounds or arguments, absent special circumstances. Where a matter is remitted to a tribunal below, costs of the proceeding below should be left to the tribunal. An indemnity certificate under s 15 of the Appeal Costs Fund Act 1973 (Qld) is appropriate where the question of law was fairly arguable on both sides.