Queensland Judgments
Authorised Reports & Unreported Judgments
Exit Distraction Free Reading Mode
  • Unreported Judgment
  • Appeal Determined (QCA)

Gillespie v Gillespie[2013] QCA 126

Gillespie v Gillespie[2013] QCA 126

 

 

SUPREME COURT OF QUEENSLAND

PARTIES:

FILE NO:

Court of Appeal

PROCEEDING:

General Civil Appeal – Further Order

ORIGINATING COURT:

DELIVERED ON:

24 May 2013

DELIVERED AT:

Brisbane

HEARING DATE:

Heard on the papers

JUDGES:

Margaret McMurdo P, White JA and Margaret Wilson J
Judgment of the Court

ORDER:

The appellants are to pay the respondent’s costs of the appeal on the standard basis.

CATCHWORDS:

PROCEDURE – COSTS – GENERAL RULE – COSTS FOLLOW THE EVENT – COSTS OF APPEAL – GENERALLY – where the appeal was dismissed – where the parties were given leave to make submissions as to the costs of the appeal in accordance with paragraph 52 of Practice Direction No 3 of 2013 – where the respondent submitted that costs should follow the event – where the appellants made no submissions as to costs – whether costs should follow the event

COUNSEL:

No appearance by the appellant
No appearance by the respondent, the respondent’s submissions were heard on the papers

SOLICITORS:

S B Wright & Wright and Condie for the first and second appellants
Tucker & Cowen for the third appellant
Macrossan & Amiet for the respondent

[1] THE COURT:  On 7 May 2013 the Court dismissed the appeal and allowed the parties to make written submissions on costs.

[2] The respondent has submitted that costs should follow the event.  The appellants have not made any submission on costs.

[3] In the circumstances, the Court orders that the appellants pay the respondent’s costs of the appeal on the standard basis.

Close

Editorial Notes

  • Published Case Name:

    Gillespie & Ors v Gillespie

  • Shortened Case Name:

    Gillespie v Gillespie

  • MNC:

    [2013] QCA 126

  • Court:

    QCA

  • Judge(s):

    McMurdo P, White JA, M Wilson J

  • Date:

    24 May 2013

Litigation History

EventCitation or FileDateNotes
Primary Judgment[2012] QDC 21214 Aug 2012The trial judge found that the transfer of certain real property by the deceased resulted from undue influence and was unconscionable. Orders made declaring that the defendants held the real property on trust for the estate of the deceased and consequential orders: Samios DCJ.
QCA Interlocutory Judgment[2013] QCA 12624 May 2013Costs orders: McMurdo P, White JA, M Wilson J.
Appeal Determined (QCA)[2013] QCA 99 [2013] 2 Qd R 44007 May 2013Appeal dismissed: McMurdo P, White JA, M Wilson J.

Appeal Status

Appeal Determined (QCA)

Cases Cited

No judgments cited by this judgment.

Cases Citing

Case NameFull CitationFrequency
Kavanagh v Londy [2020] QDC 562 citations
1

Require Technical Assistance?

Message sent!

Thanks for reaching out! Someone from our team will get back to you soon.

Message not sent!

Something went wrong. Please try again.