Cook v Alderson (No.2)

[2025] QSC 51

SUPREME COURT OF QUEENSLAND

CITATION:

Cook v Alderson (No.2) [2025] QSC 51

PARTIES:

BONNIE JUNE COOK

(plaintiff)

v
SHANNON LEIGH ALDERSON

(first defendant)

and

BRETT DARREN ALDERSON
(second defendant)

FILE NO/S:

BS 4494 of 2024

DIVISION:

Trial Division

PROCEEDING:

On the papers

ORIGINATING COURT:

Supreme Court of Queensland at Brisbane

DELIVERED ON:

24 March 2025

DELIVERED AT:

Brisbane

HEARING DATE:

On the papers

JUDGE:

Treston J

ORDER:

There be no order as to costs.

CATCHWORDS:

PROCEDURE – CIVIL PROCEEDINGS IN STATE AND TERRITORY COURTS – COSTS – GENERAL RULE: COSTS FOLLOW THE EVENT – where the parties provided further submissions on the issue of costs – where the plaintiff was successful in her claim for equitable compensation arising out of the unilateral termination of the property arrangement by the defendants – where the defendants sought a costs order against the plaintiff on a standard basis – where the defendants contend that the plaintiff substantially failed in respect of the “units of litigation” or issues in dispute at trial – whether the costs order sought by the defendants should be granted applying the general rule that costs should follow the event

Uniform Civil Procedure Rules 1999 (Qld), r 681

Cook v Alderson [2025] QSC 26
Speets Investment Pty Ltd v Bencol Pty Ltd (No 2) [2021] QCA 39

COUNSEL:

Plaintiff self-represented

M E A Maynard for the first and second defendants

SOLICITORS:

Cronin Miller Litigation for the first and second defendants

1. I delivered judgment in the primary claim on 20 February 2025.[1]  This is the costs judgment.

   [1]Cook v Alderson [2025] QSC 26.

2. The orders which I made in the primary claim were as follows:

   “1.The plaintiff is entitled to be repaid by the defendants the amounts of $110,116.41 and $160,804.42 plus pre-judgment interest as set out at [90] of these reasons, a sum of $29,710, all secured by an equitable charge over the property located at 18 Doherty Court, Ormeau.

   2.Further the plaintiff is entitled to equitable compensation in the sum of $120,000 also secured by an equitable charge over the property located at 18 Doherty Court, Ormeau.

   3.There will be judgment for the plaintiff therefore in the sum of $420,630.83.

   4.I will hear the parties as to costs.”

3. The plaintiff was self-represented throughout and incurred no legal costs.  She does not apply for a costs order against the defendants.

4. The defendants, who were ordered to pay $420,630.83, seek their costs on the standard basis. It is submitted by the defendants that this applies the general rule that unless the court otherwise orders, costs follow the event.[2]

   [2]Uniform Civil Procedure Rules 1999 (Qld), r 681.

5. The defendants do not seek their costs on the basis that the plaintiff has failed to beat an offer of settlement which the defendants made. 

6. The defendants contend that it is not to the point that the plaintiff has obtained an overall sum higher than the defendants accepted she was entitled to be repaid.  Rather, they contend that the relevant question is,…