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- QCoal Pty Ltd v Cliffs Australia Coal Pty Ltd[2009] QCA 390
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QCoal Pty Ltd v Cliffs Australia Coal Pty Ltd[2009] QCA 390
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 |
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.