SUPREME COURT OF QUEENSLAND
PARTIES: | |
FILE NO/S: | |
Trial | |
PROCEEDING: | Application |
ORIGINATING COURT: | |
DELIVERED ON: | 14 October 2004; 9 February 2005 |
DELIVERED AT: | Cairns |
HEARING DATE: | 7 September 2004 |
JUDGE: | Jones J |
ORDER: | In respect of each application determined respectively on 14 October 2004 and 1 December 2004 I order that the respondent pay the applicant’s costs of and incidental to the application to be assessed on a standard basis. |
COUNSEL: | Mr Philp SC for the applicant |
SOLICITORS: | Susan Henson, solicitor for the applicant |
[1] On 14 October 2004 I pronounced judgment on an application for a declaration as to the Court’s jurisdiction to hear the issue raised in these proceedings. I gave leave to the parties to make submissions on the issue of costs within 14 days.
[2] The applicant seeks an order for costs on the basis that it was wholly successful in the application and costs should follow the event. The respondent has not made any submissions to suggest that a different order should be made.
[3] On 1 December 2004 I pronounced judgment on an application by which the applicant sought a declaration that the respondent was operating an illegal scheme contrary to the provisions of the Corporations Act.
[4] Again the applicant was successful and has sought an order for costs. The respondent has not made any submission to the contrary.
[5] There is no apparent reason why the costs on either application should not follow the event. In those circumstances I am of the view that the applicant is entitled on each application to its costs.
Order
1.In respect of each application determined respectively on 14 October 2004 and 1 December 2004, I order that the respondent pay the applicant’s costs of and incidental to the application to be assessed on a standard basis.
