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  • Unreported Judgment

QCoal Pty Ltd v Cliffs Australia Coal Pty Ltd

 

[2009] QCA 390

SUPREME COURT OF QUEENSLAND

PARTIES:

FILE NO/S:

SC No 9591 of 2007

Court of Appeal

PROCEEDING:

General Civil Appeal – Further Order

ORIGINATING COURT:

DELIVERED ON:

Judgment delivered 20 November 2009
Further order delivered 15 December 2009

DELIVERED AT:

Brisbane

HEARING DATE:

Heard on the papers

JUDGES:

Holmes and Fraser JJA and White J

Judgment of the Court

ORDER:

The appellants to pay the respondents’ costs of and incidental to the appeal on the standard basis

CATCHWORDS:

PROCEDURE – COSTS – RECOVERY OF COSTS – where unsuccessful party does not challenge application of the rule that costs follow the event

QCoal P/L & Anor v Cliffs Australia Coal P/L & Anor [2009] QCA 358 , cited

COUNSEL:

W Sofronoff QC SG, with J Chapple, for the appellants

G J Gibson QC, with G D Beacham, for the respondents

SOLICITORS:

Russell and Company for the appellants

Mallesons Stephen Jaques for the respondents

[1]  THE COURT: On 20 November 2009 the Court dismissed the appellants’ appeal.[1]  The parties have since made written submissions about costs pursuant to the leave granted for that purpose which the appellants had sought. The appellants did not challenge the respondents’ contention that costs should follow the event and be assessed on the standard basis.

[2] The Court orders the appellants to pay the respondents’ costs of and incidental to the appeal on the standard basis.

Footnotes

[1] QCoal P/L & Anor v Cliffs Australia Coal P/L & Anor [2009] QCA 358.

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Editorial Notes

  • Published Case Name:

    QCoal P/L & Anor v Cliffs Australia Coal P/L & Anor

  • Shortened Case Name:

    QCoal Pty Ltd v Cliffs Australia Coal Pty Ltd

  • MNC:

    [2009] QCA 390

  • Court:

    QCA

  • Judge(s):

    Holmes JA, Fraser JA, White J

  • Date:

    15 Dec 2009

Litigation History

Event Citation or File Date Notes
QCA Interlocutory Judgment [2009] QCA 390 15 Dec 2009 -

Appeal Status

No Status