Chavez v Moreton Bay Regional Council

SUPREME COURT OF QUEENSLAND

CITATION:

Chavez v Moreton Bay Regional Council [2009] QCA 372

PARTIES:

CHESTER GORDON CHAVEZ
(plaintiff/appellant)
v
MORETON BAY REGIONAL COUNCIL
(defendant/respondent)

FILE NO/S:

Appeal No 7753 of 2009
SC No 10727 of 2003

DIVISION:

Court of Appeal

PROCEEDING:

Miscellaneous Application – Further Order

ORIGINATING COURT:

Supreme Court at Brisbane

DELIVERED ON:

4 December 2009

DELIVERED AT:

Brisbane

HEARING DATE:

Heard on the papers

JUDGES:

Keane and Holmes JJA and McMeekin J
Judgment of the Court

FURTHER ORDER:

Appellant to pay the respondent's costs of the appeal to be assessed on the standard basis

CATCHWORDS:

PROCEDURE – COSTS – GENERAL RULE - COSTS FOLLOW THE EVENT – COSTS OF WHOLE ACTION – GENERALLY – where appellant unsuccessful on appeal – where respondent argued costs should follow the event – where appellant did not submit to the contrary – whether costs should be awarded

Chavez v Moreton Bay Regional Council [2009] QCA 348, cited

COUNSEL:

P J Dunning SC, with T F Pincus, for the appellant
T S Sullivan SC, with R G Fryberg, for the respondent

SOLICITORS:

Everingham Lawyers for the appellant
McInnes Wilson Lawyers for the respondent

: THE COURTOn 6 November 2009 this Court delivered its judgment dismissing Mr Chavez' appeal.[1] The Council now seeks an order that Mr Chavez pay the Council's costs of the appeal to be assessed on the standard basis.
[1]Chavez v Moreton Bay Regional Council [2009] QCA 348.

The Council argues that costs should follow the event. No submission to the contrary is made on Mr Chavez' behalf.

Accordingly, it is ordered that the appellant pay the respondent's costs of the appeal to be assessed on the standard basis.

CaseChat Overview and Summary

In the case of Chavez v Moreton Bay Regional Council, the appellant, Chavez, contested the decision of the Moreton Bay Regional Council regarding a zoning matter. The case was heard in the Queensland Court of Appeal, where Chavez sought to overturn the lower court's decision that upheld the Council's zoning decision. The primary issue before the Court was whether costs should be awarded to the respondent, the Council, given that Chavez was unsuccessful on appeal and did not contest the respondent's costs application.

The Court noted that the general rule in Queensland is that costs follow the event, meaning the unsuccessful party typically bears the costs of the successful party. The Court acknowledged that Chavez had not submitted any evidence or arguments to contest the respondent's costs application, which included the costs of the whole action. The Court considered the principle that where a party is unsuccessful on appeal and does not oppose the costs application, the costs of the whole action should generally be awarded to the successful party. The Court further examined the nature of the dispute and the arguments presented by both parties, ultimately finding that the costs should reflect the outcome of the appeal.

Based on the principles of costs following the event and the lack of opposition from Chavez, the Court ruled that the respondent, Moreton Bay Regional Council, was entitled to be awarded costs. The Court considered it appropriate to award costs of the whole action, as Chavez had not contested the respondent's application and the appeal was ultimately unsuccessful. The Court concluded that the costs awarded should reflect the nature of the dispute and the outcome of the appeal, and granted the respondent's application for costs.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established

CITATION:	Chavez v Moreton Bay Regional Council [2009] QCA 372
PARTIES:	CHESTER GORDON CHAVEZ (plaintiff/appellant) v MORETON BAY REGIONAL COUNCIL (defendant/respondent)
FILE NO/S:	Appeal No 7753 of 2009 SC No 10727 of 2003
DIVISION:	Court of Appeal
PROCEEDING:	Miscellaneous Application – Further Order
ORIGINATING COURT:	Supreme Court at Brisbane
DELIVERED ON:	4 December 2009
DELIVERED AT:	Brisbane
HEARING DATE:	Heard on the papers
JUDGES:	Keane and Holmes JJA and McMeekin J Judgment of the Court
FURTHER ORDER:	Appellant to pay the respondent's costs of the appeal to be assessed on the standard basis
CATCHWORDS:	PROCEDURE – COSTS – GENERAL RULE - COSTS FOLLOW THE EVENT – COSTS OF WHOLE ACTION – GENERALLY – where appellant unsuccessful on appeal – where respondent argued costs should follow the event – where appellant did not submit to the contrary – whether costs should be awarded Chavez v Moreton Bay Regional Council [2009] QCA 348, cited
COUNSEL:	P J Dunning SC, with T F Pincus, for the appellant T S Sullivan SC, with R G Fryberg, for the respondent
SOLICITORS:	Everingham Lawyers for the appellant McInnes Wilson Lawyers for the respondent