Day v Humphrey & Ors

[2018] QCA 321

Queensland Court of Appeal

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Interrogate

Catchwords

1. Practice and Procedure
2. › Costs
3. › Apportionment of costs
4. › Partial success on appeal
5. › Whether costs should be apportioned where appellant succeeded on one issue but failed on another
6. › Uniform Civil Procedure Rules 1999 (Qld), r 684
1. Practice and Procedure
2. › Costs
3. › Summary judgment applications
4. › Whether costs follow the event on summary judgment
5. › Reservation of costs where summary judgment set aside on appeal
1. Practice and Procedure
2. › Costs
3. › Costs against solicitors personally
4. › Whether r 690 UCPR authorises costs order against opposing solicitor
5. › Uniform Civil Procedure Rules 1999 (Qld), r 690

Quick Take

Where an appeal involves two distinct issues and the appellant succeeds on one but fails on the other, the court may apportion costs by ordering each party to pay a proportion reflecting the time and effort spent on the issue they lost, rather than making issue-based costs orders. Rule 690 UCPR only permits orders that a lawyer repay their own client's costs, not orders against a solicitor in favour of the opposing party.