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- Unreported Judgment
SUPREME COURT OF QUEENSLAND
University of Queensland & Anor v Y  QCA 293
UNIVERSITY OF QUEENSLAND
DISCIPLINARY BOARD OF THE UNIVERSITY OF QUEENSLAND
Appeal No 13319 of 2019
Court of Appeal
General Civil Appeal – Further Order
Supreme Court at Brisbane –  QSC 282 (Lyons SJA)
18 December 2020
Heard on the papers
McMurdo and Mullins JJA and Boddice J
PROCEDURE – CIVIL PROCEEDINGS IN STATE AND TERRITORY COURTS – COSTS – GENERAL RULE: COSTS FOLLOW EVENT – GENERAL PRINCIPLES AND EXERCISE OF DISCRETION – where the Court dismissed the appeal although it disagreed with the reasoning of the primary judge – where neither party seeks an order for costs of the appeal, or of the proceeding in the Trial Division – whether the order for costs made by the trial judge should be set aside
University of Queensland & Anor v Y  QCA 216, related
D Kelly QC, with D Marckwald, for the appellants
No submission by counsel for the respondent
Corrs Chambers Westgarth for the appellants
Mulcahy Ryan Lawyers for the respondent
- THE COURT: In this case, the Court dismissed the appeal although it disagreed with the reasoning of the primary judge. The appeal was dismissed because between the date of the primary judgment and the hearing of the appeal, the respondent had ceased to be subject to the disciplinary process which the appellants had pursued.
- The parties were asked to make submissions as to costs. They are now agreed on what should happen in that respect. Neither party seeks an order for costs of the appeal, or of the proceeding in the Trial Division. The primary judge ordered the appellants to pay the costs of the proceeding in the Trial Division. To give effect to the parties’ agreement, that order should be set aside.
- It will be ordered that:
- The order for costs made in the Trial Division on 21 November 2019 be set aside.
- There be no order as to costs in the Trial Division or of this appeal.
University of Queensland & Anor v Y  QCA 216.
- Published Case Name:
University of Queensland & Anor v Y
- Shortened Case Name:
University of Queensland v Y
 QCA 293
McMurdo JA, Mullins JA, Boddice J
18 Dec 2020