Bentleys (Sunshine Coast) Pty Ltd & Ors v Thomson

[2019] QCA 104

Queensland Court of Appeal

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Interrogate

Catchwords

1. Practice and Procedure
2. › Costs
3. › General rule that costs follow the event
4. › Mixed success on separate issues
5. › Apportionment of costs
6. › Whether costs should follow the event where success is contestable by reference to separate issues
1. Practice and Procedure
2. › Costs
3. › Indemnity costs
4. › Whether indemnity basis appropriate where appellants did not articulate reasons
1. Practice and Procedure
2. › Costs
3. › Fixing of costs
4. › Whether Court should fix costs or order assessment
5. › Absence of evidence of standard basis proportion
1. Practice and Procedure
2. › Costs
3. › Appeal Costs Fund
4. › Indemnity certificate
5. › Whether order under appeal had no basis in law
6. › Appeal Costs Fund Act 1973 (Qld), s 15

Quick Take

Where an appeal involves separate issues with mixed success, and the issue on which the appellant failed was inherently more serious and significant than the issue on which it succeeded, the court may apportion costs equally rather than awarding costs to the overall successful party. An application to fix costs requires evidence of the proportion that standard basis costs typically bear to actual costs incurred. An indemnity certificate under s 15 of the Appeal Costs Fund Act 1973 (Qld) will not be granted where the appeal turned on a difference of judicial view rather than the order below having no basis in law.