Arnold Electrical and Data Installations P/L v Logan Area Group Apprencticeship/Traineeship Ltd

[2007] QDC 381

ARNOLD ELECTRICAL AND DATA	Appellant
INSTALLATIONS PROPRIETARY LIMITED
and
LOGAN AREA GROUP APPRENTICESHIP/	Respondent
TRAINEESHIP LIMITED TRADING AS GROUP TRAINING AUSTRALIA BRISBANE
BRISBANE ..DATE 20/12/2007

[2007] QDC 381

DISTRICT COURT
APPELLATE JURISDICTION

JUDGE O'BRIEN

ORDER award of costs in favour of a defendant who has bettered an order made to a plaintiff, however in this case, given the date of the offer and given the subsequent institution of the counter claim, I accept the submission for the respondent that it would not be appropriate here to order costs on an indemnity basis. Having regard to these matters and to the nature of the issues involved both below and on appeal, I consider a just order to be this.

I order that the respondent should pay the appellant's costs of an incidental to the appeal and of an incidental to the proceeding below on the standard basis provided that the appellant is not entitled to any of its costs referrable only to the counter claim either at first instance or on appeal.

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2   ORDER