Central Highlands Regional Council v Geju Pty Ltd

SUPREME COURT OF QUEENSLAND

CITATION:

Central Highlands Regional Council v Geju Pty Ltd [2018] QCA 54

PARTIES:

CENTRAL HIGHLANDS REGIONAL COUNCIL
(appellant)
v
GEJU PTY LTD
ACN 010 714 799
(respondent)

FILE NO/S:

Appeal No of 13451 of 2016
SC No 4 of 2014

DIVISION:

Court of Appeal

PROCEEDING:

General Civil Appeal – Further Orders

ORIGINATING COURT:

Supreme Court at Mackay – [2016] QSC 279

DELIVERED ON:

27 March 2018

DELIVERED AT:

Brisbane

HEARING DATE:

24 May 2017

JUDGES:

Fraser and McMurdo JJA and Brown J

ORDERS:

1. The respondent pay the appellant’s costs of the proceeding in the trial division.

2. The respondent pay the appellant’s costs of the appeal.

CATCHWORDS:

APPEAL AND NEW TRIAL – PROCEDURE – QUEENSLAND – POWERS OF COURT – COSTS – where both parties agree that there is no reason to depart from the general rule that costs follow the event in respect of both the appeal and the proceeding at first instance

Central Highlands Regional Council v Geju Pty Ltd[2018] QCA 38, related

COUNSEL:

K N Wilson QC for the appellant
C C Heyworth-Smith QC, with M T de Waard, for the respondent

SOLICITORS:

King & Company Solicitors for the appellant
Macrossan & Amiet Solicitors for the respondent

THE COURT: The Court allowed an appeal from a judgment given in the trial division in favour of the respondent, set aside that judgment, and entered judgment in favour of the appellant.[1] Pursuant to leave, the parties have made submissions about costs. The respondent agrees with the submission for the appellant that there is no reason to depart from the general rule that costs follow the event both in respect of the appeal and in respect of the proceeding at first instance.
[1][2018] QCA 38.
The further orders of the Court are:
(a)The respondent pay the appellant’s costs of the proceeding in the trial division.
(b)The respondent pay the appellant’s costs of the appeal.

CaseChat Overview and Summary

Central Highlands Regional Council took legal action against Geju Pty Ltd, contesting an assessment of land valuation and subsequent rates imposed by the council. The dispute was adjudicated in the Queensland Land Court, where Geju Pty Ltd was ultimately unsuccessful. The legal matter then progressed to the Court of Appeal, where Geju sought a re-evaluation of the initial decision. The core issues the court had to address were the correctness of the lower court’s decision and whether the general rule regarding costs following the event should be upheld in this case, considering both the appeal and the original proceeding.

The court examined the nature of the costs dispute, considering the mutual agreement between the parties on the conventional approach that costs should follow the event in both the appeal and the trial division. Given this consensus, the court found no grounds to deviate from the established principle. The court considered the precedent set by previous cases and the principle of fairness in legal proceedings, which supports the general rule that unsuccessful parties should bear the costs of litigation. The court was satisfied that applying the general rule in this instance was just and appropriate.

Accordingly, the Court of Appeal determined that the respondent, Geju Pty Ltd, should bear the costs of both the appeal and the original proceeding. This decision was made in alignment with the agreed principle that costs should follow the event. The court's judgment reflects a straightforward application of the agreed principle, ensuring that the unsuccessful party is held responsible for the costs incurred by the prevailing party throughout the litigation process. The court's ruling was final and binding, with no further appeals permitted on this matter.

Orders of the court

1. The respondent pay the appellant’s costs of the proceeding in the trial division.

2. The respondent pay the appellant’s costs of the appeal.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established

CITATION:	Central Highlands Regional Council v Geju Pty Ltd [2018] QCA 54
PARTIES:	CENTRAL HIGHLANDS REGIONAL COUNCIL (appellant) v GEJU PTY LTD ACN 010 714 799 (respondent)
FILE NO/S:	Appeal No of 13451 of 2016 SC No 4 of 2014
DIVISION:	Court of Appeal
PROCEEDING:	General Civil Appeal – Further Orders
ORIGINATING COURT:	Supreme Court at Mackay – [2016] QSC 279
DELIVERED ON:	27 March 2018
DELIVERED AT:	Brisbane
HEARING DATE:	24 May 2017
JUDGES:	Fraser and McMurdo JJA and Brown J
ORDERS:	1. The respondent pay the appellant’s costs of the proceeding in the trial division. 2. The respondent pay the appellant’s costs of the appeal.
CATCHWORDS:	APPEAL AND NEW TRIAL – PROCEDURE – QUEENSLAND – POWERS OF COURT – COSTS – where both parties agree that there is no reason to depart from the general rule that costs follow the event in respect of both the appeal and the proceeding at first instance Central Highlands Regional Council v Geju Pty Ltd[2018] QCA 38, related
COUNSEL:	K N Wilson QC for the appellant C C Heyworth-Smith QC, with M T de Waard, for the respondent
SOLICITORS:	King & Company Solicitors for the appellant Macrossan & Amiet Solicitors for the respondent