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Bond v Chief Executive, Department of Environment and Science (No 2)

 

[2019] QCA 153

SUPREME COURT OF QUEENSLAND

CITATION:

Bond v Chief Executive, Department of Environment and Science [2019] QCA 153

PARTIES:

PETER BOND
(applicant)
v
CHIEF EXECUTIVE, DEPARTMENT OF ENVIRONMENT AND SCIENCE
(respondent)

FILE NO/S:

Appeal No 7811 of 2018

P & E Appeal No 3070 of 2016

DIVISION:

Court of Appeal

PROCEEDING:

Planning and Environment Appeal – Further Order

ORIGINATING COURT:

District Court at Brisbane – [2018] QPEC 15 (Jones DCJ)

DELIVERED ON:

Judgment delivered 16 July 2019

Further Order delivered 2 August 2019

DELIVERED AT:

Brisbane

HEARING DATE:

Heard on the papers

JUDGES:

Fraser and Philippides JJA and Crow J

ORDER:

The respondent pay 50 per cent of the applicant’s costs of the application for leave to appeal and of the appeal.

CATCHWORDS:

PROCEDURE – CIVIL PROCEEDINGS IN STATE AND TERRITORY COURTS – COSTS – GENERALLY – where the applicant applied for leave to appeal against a decision of the Planning and Environment Court inter alia refusing to stay an appeal in that Court pending the final resolution of a criminal prosecution against the him – where the Court of Appeal granted leave to appeal, and the appeal was allowed in part with leave to make submissions on costs – where the parties agreed as to the appropriate costs order – whether the respondent ought to pay 50 per cent of the applicant’s costs of the application for leave to appeal and of the appeal

Bond v Chief Executive, Department of Environment and Science [2019] QCA 137, cited

COUNSEL:

D R Gore QC, with B Rix, for the applicant

J Horton QC, with E Hoiberg, for the respondent

SOLICITORS:

Thomson Geer for the applicant

Herbert Smith Freehills for the respondent

  1. [1]
    THE COURT:  The parties have filed submissions about the costs of the application for leave to appeal and the appeal in Bond v Chief Executive, Department of Environment and Science [2019] QCA 137.  Both parties’ submissions contend that the appropriate order is that the respondent pay 50 per cent of the applicant’s costs of the application for leave to appeal and the appeal.  Neither party submits that any order should be made in relation to the costs of the proceedings in the Planning and Environment Court.
  2. [2]
    The appropriate order is that the respondent pay 50 per cent of the applicant’s costs of the application for leave to appeal and of the appeal.
Close

Editorial Notes

  • Published Case Name:

    Bond v Chief Executive, Department of Environment and Science

  • Shortened Case Name:

    Bond v Chief Executive, Department of Environment and Science (No 2)

  • MNC:

    [2019] QCA 153

  • Court:

    QCA

  • Judge(s):

    Fraser JA, Philippides JA, Crow J

  • Date:

    02 Aug 2019

Litigation History

Event Citation or File Date Notes
Primary Judgment [2018] QPEC 15 29 Mar 2018 Applications for an order pursuant to section 535 of the Environmental Protection Act (1994) granting a stay of the decision to issue an Environmental Protection Order; an order that the proceedings be stayed pending a final resolution of criminal prosecutions involving the applicant; applications dismissed: Jones DCJ.
Primary Judgment [2018] QPEC 31 12 Jun 2018 Applications for an order pursuant to section 535 of the Environmental Protection Act (1994) granting a stay of the decision to issue an Environmental Protection Order; an order that the proceedings be stayed pending a final resolution of criminal prosecutions involving the applicant; and an order for one of the grounds of the appeal be heard and determined separately; applications dismissed: Jones DCJ.
Appeal Determined (QCA) [2019] QCA 137 16 Jul 2019 Application for leave to appeal allowed in part (insofar as orders made 15 June 2018 dismissed the applicant’s application that his appeal in the Planning and Environment Court be stayed pending the final resolution of the appellant's criminal prosecution); appeal allowed; order set aside, and order instead that until further order the appellant’s appeal in that Court be stayed pending the final resolution of that criminal prosecution: Fraser and Philippides JJA and Crow J.
Appeal Determined (QCA) [2019] QCA 153 02 Aug 2019 Costs judgment: Fraser and Philippides JJA and Crow J.

Appeal Status

{solid} Appeal Determined (QCA)