Wagners Cement Pty Ltd & Anor v Boral Resources (Qld) Pty Limited & Anor

[2021] QCA 79

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. › Multiple issues determined in different directions
5. › Whether proportionate costs order appropriate
6. › Distributive approach to 'the event'
7. › Uniform Civil Procedure Rules 1999 (Qld), r 681, r 766(1)(d)
1. Practice and Procedure
2. › Costs
3. › Appeals
4. › Costs of appeal where both appeal and cross-appeal partially successful
5. › Uniform Civil Procedure Rules 1999 (Qld), r 766(1)(d)
1. Practice and Procedure
2. › Judgments and orders
3. › Set-off against monetary judgment
4. › Whether overpayment in respect of unclaimed period should be deducted from judgment sum
5. › No claim advanced for the relevant period

Quick Take

Where both an appeal and cross-appeal succeed to some extent, the court will form an overall impression of the relative significance of the issues on which each side succeeded, the monetary outcome, and the time and cost spent on each issue, and may order the less successful party to pay a proportion of the more successful party's costs rather than making issue-by-issue costs orders. A monetary judgment should not be reduced by set-off for an overpayment relating to a period not the subject of any claim in the proceeding.