Madden v Commissioner of Police [No 2]

[2023] QCA 182

Queensland Court of Appeal

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Interrogate

Catchwords

1. Practice and Procedure
2. › Costs
3. › General rule — costs follow the event
4. › Successful appellant in Court of Appeal
5. › Whether costs should be reduced where appeal necessitated by procedural error for which both parties shared responsibility
6. › Whether costs should include costs of appeal below

Quick Take

Where an appeal succeeds because the appellate court overrules its own prior decision, the successful appellant is entitled to costs on the standard basis, including costs of the appeal below. The fact that both parties shared responsibility for a procedural error that necessitated the appeals does not justify departing from the general rule that costs follow the event.