Speets Investment Pty Ltd v Bencol Pty Ltd (No 2)

[2021] QCA 39

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. › Partial success by both parties
5. › Whether issues-based costs order appropriate
6. › Proportionate costs order as alternative to issues-based order
7. › Uniform Civil Procedure Rules 1999 (Qld), rr 681, 766(1)(d)
1. Practice and Procedure
2. › Costs
3. › Costs of appeal where appellant succeeded in setting aside orders but respondent succeeded on one issue
4. › Whether reduction in proportion of costs appropriate
1. Practice and Procedure
2. › Costs
3. › Costs of trial below following successful appeal
4. › Whether trial costs order should be set aside
5. › Effect of parties' conduct in blurring issues at trial
1. Equity
2. › Equitable remedies
3. › Declarations
4. › Form of declaratory relief
5. › Whether court should declare quality of performance and timeframe for compliance

Quick Take

Where both parties have mixed success on appeal across multiple issues, a proportionate costs order (reducing the percentage of costs payable) is preferable to an issues-based costs order. Where the parties' conduct at trial has blurred the distinction between claim and counterclaim and caused the trial to miscarry, the appropriate course may be no order as to costs of the trial.