Chavez v Moreton Bay Regional Council
[2009] QCA 372
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- Unreported Judgment
- Chavez v Moreton Bay Regional Council[2009] QCA 372
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Chavez v Moreton Bay Regional Council[2009] QCA 372
Chavez v Moreton Bay Regional Council[2009] QCA 372
SUPREME COURT OF QUEENSLAND
PARTIES: | |
FILE NO/S: | SC No 10727 of 2003 |
Court of Appeal | |
PROCEEDING: | Miscellaneous Application – Further Order |
ORIGINATING COURT: | |
DELIVERED ON: | 4 December 2009 |
DELIVERED AT: | Brisbane |
HEARING DATE: | Heard on the papers |
JUDGES: | Keane and Holmes JJA and McMeekin J Judgment of the Court |
FURTHER ORDER: | Appellant to pay the respondent's costs of the appeal to be assessed on the standard basis |
CATCHWORDS: | PROCEDURE – COSTS – GENERAL RULE - COSTS FOLLOW THE EVENT – COSTS OF WHOLE ACTION – GENERALLY – where appellant unsuccessful on appeal – where respondent argued costs should follow the event – where appellant did not submit to the contrary – whether costs should be awarded Chavez v Moreton Bay Regional Council [2009] QCA 348, cited |
COUNSEL: | P J Dunning SC, with T F Pincus, for the appellant T S Sullivan SC, with R G Fryberg, for the respondent |
SOLICITORS: | Everingham Lawyers for the appellant McInnes Wilson Lawyers for the respondent |
[1] THE COURT: On 6 November 2009 this Court delivered its judgment dismissing Mr Chavez' appeal.[1] The Council now seeks an order that Mr Chavez pay the Council's costs of the appeal to be assessed on the standard basis.
[2] The Council argues that costs should follow the event. No submission to the contrary is made on Mr Chavez' behalf.
[3] Accordingly, it is ordered that the appellant pay the respondent's costs of the appeal to be assessed on the standard basis.
Footnotes
[1] Chavez v Moreton Bay Regional Council [2009] QCA 348.