Richards v The Sandy Cape Deep Sea Fishing Club Inc
[2003] QCA 72
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- Richards v The Sandy Cape Deep Sea Fishing Club Inc[2003] QCA 72
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Richards v The Sandy Cape Deep Sea Fishing Club Inc[2003] QCA 72
Richards v The Sandy Cape Deep Sea Fishing Club Inc[2003] QCA 72
SUPREME COURT OF QUEENSLAND
PARTIES: | |
FILE NO/S: | |
Court of Appeal | |
PROCEEDING: | Personal Injury - Liability & Quantum – Further Orders |
ORIGINATING COURT: | |
DELIVERED ON: | Judgment delivered 14 February 2003 |
DELIVERED AT: | Brisbane |
HEARING DATE: | 15 November 2002 |
JUDGES: | McMurdo P, Williams JA and Dutney J |
FURTHER ORDERS: | 1. The appellant pay the respondent's costs of the trial to be assessed on the standard basis. 2. No order as to the costs of the appeal. |
CATCHWORDS: | JUDGMENT AND ORDERS – COSTS – APPEALS AS TO COSTS – where respondent's damages reduced on appeal – where appellant unsuccessful on appeal on the issue of liability – where parties have the right to make submissions as to costs of the trial and the appeal – where each party partially successful on appeal there should be no order as to costs of the appeal Uniform Civil Procedure Rules 1999 (Qld) |
COUNSEL: | S C Williams QC, with M J Burns, for the appellant |
SOLICITORS: | McCullough Robertson for the appellant |
[1] THE COURT: The respondent's damages were reduced on appeal so that there is now no relevant offer by either party pursuant to Ch 5 Pt 9 of the Uniform Civil Procedure Rules 1999. The appellant should pay the respondent's costs of the trial to be assessed on the standard basis.
[2] The appellant was unsuccessful on appeal on the issue of liability but was successful in reducing the quantum of damages although not on all of its contentions on quantum. Questions of liability occupied a substantial portion of time at the hearing of the appeal. As each party was partially successful on the appeal, there should be no order as to the costs of the appeal.