Chavez v Moreton Bay Regional Council

[2009] QCA 372

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

1. :  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.

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

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