Courtney v Chalfen

[2021] QCA 25

Queensland Court of Appeal

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Interrogate

Catchwords

1. Practice and Procedure
2. › Costs
3. › General rule — costs follow the event
4. › Whether separately determined issues should be treated as separate 'events'
5. › Whether special or exceptional circumstances warrant departure from general rule
6. › Uniform Civil Procedure Rules 1999 (Qld), r 684
1. Practice and Procedure
2. › Costs
3. › Indemnity costs
4. › Conduct warranting indemnity costs
5. › Incompetent application pursued with knowledge of lack of reasonable basis
6. › Whether conduct of legal practitioner sufficient to warrant indemnity costs
1. Practice and Procedure
2. › Costs
3. › Appeals as to costs
4. › Costs on discrete issues
5. › Whether issues definable and severable
6. › Uniform Civil Procedure Rules 1999 (Qld), r 684

Quick Take

Arguments on an appeal that are aspects of a single central issue are not severable 'events' for costs purposes under r 684 UCPR. Pursuing an incompetent application with knowledge that the challenged order was not final and that the relevant issue had not been determined warrants indemnity costs, particularly where the applicant is a legal practitioner.