Castro v Hillery

[2002] QCA 428

[2002] QCA 428

COURT OF APPEAL

McMURDO P
WILLIAMS JA
WILSON J

Appeal No 590 of 2002

LOLINY CASTRO (BY HER LITIGATION GUARDIAN ANTONIO CASTRO)

Respondent (Plaintiff)

and

BRIAN ERNEST HILLERY

and

SUNCORP METWAY INSURANCE LIMITED (formerly SUNCORP GENERAL INSURANCE LIMITED) ACN 075 695 966

and

NORTH QUEENSLAND ELECTRICITY CORPORATION LIMITED ACN 078 848 978

and

COUNCIL OF THE CITY OF MOUNT ISA

(First Defendant)

First Appellant(Second Defendant)

Second Appellant(Third Defendant)

(Fourth Defendant)

BRISBANE

..DATE 18/10/2002

ORDER

DAVIES JA:  This matter was heard by a Court consisting of The President, Justice Williams and Justice Wilson.  The further orders of the Court are:

1. That the order for costs made on 20 September 2002 be vacated;
2. That the respondent pay the appellants' costs of and incidental to the appeal other than the costs relating to grounds 2.2, 2.6, 2.7, 2.8, 2.9, 2.10, 2.11, 2.12 and 2.13 in the notice of appeal, such costs to be assessed on the standard basis;
3. That the appellants pay the respondent's costs thrown away by the abandonment of grounds 2.2, 2.6, 2.7, 2.8, 2.9, 2.10, 2.11, 2.12 and 2.13 in the notice of appeal, such costs to be assessed on the standard basis.

I publish the reasons for judgment of the Court.

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