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Trial of claim discontinued; ordered that the action be dismissed and that judgment be given for the defendant, but ordered that there be no order as to costs.
Primary Judgment
DC174/02 (No Citation)
31 Jan 2008
Application for debt arising from cost order be paid in instalments; application refused: Durward DCJ.
Appeal Determined (QCA)
[2004] QCA 474
06 Dec 2004
Leave to appeal granted setting aside cost order and ordering costs be paid by unsuccessful party; indemnity certificate granted for costs of appeal; no order for costs made at trial following abandonment; cannot see why the usual order as to costs would not have applied in the applicant’s favour: McMurdo P, Williams JA and Philippides J.
Appeal Determined (QCA)
[2008] QCA 214
01 Aug 2008
Leave to appeal dismissed with costs; seeking to appeal refusal of application to pay judgment debt in instalments; debt arose following successful appeal requiring trial costs be paid by abandoning party, where trial judge ordered no order as to costs; not demonstrated a reasonable argument that the discretion miscarried: de Jersey CJ, Fraser JA and Lyons J.
Appeal Status
Appeal Determined (QCA)
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