CQ Field Mining Services Pty Ltd v Deguara

DISTRICT COURT OF QUEENSLAND

CITATION:

CQ Field Mining Services Pty Ltd v Deguara [2022] QDC 76  

PARTIES:

CQ FIELD MINING SERVICES PTY LTD

(appellant)

v

WAYNE MICHAEL DEGUARA

(respondent)

FILE NO:

D49/21

DIVISION:

Civil

PROCEEDING:

Appeal – Justices Act 1886 (Qld) s 222

ORIGINATING COURT:

Magistrates Court of Queensland at Brisbane

DELIVERED ON:

1 April 2022

DELIVERED AT:

Brisbane

HEARING DATE:

Determined on the papers

JUDGE:

Loury QC DCJ

ORDER:

1.      The respondent pay the appellant’s costs;

2. The respondent is granted an indemnity certificate pursuant to s 15(2) of the Appeal Costs Fund Act 1973 (Qld).

CATCHWORDS:

PROCEDURE – CIVIL PROCEEDINGS IN STATE AND TERRITORY COURTS – COSTS – where the appellant was successful on appeal – whether costs follow the event and be granted on the standard basis or the appellant pay the respondent’s costs – whether the respondent should pay the appellant’s costs – where there was an error of law by the learned Magistrate – whether the appellant’s success was based on point of law not argued in Magistrates Court – whether the appellant’s success based on evidence not presented – whether the appellant already paid for an indulgence – whether the respondent should be granted an indemnity certificate

LEGISLATION:

Appeal Costs Fund Act 1973 (Qld) s 15(2)

CASES:

Courtney v Chalfen [2021] QCA 25

Adeva Home Solutions Pty Ltd v Queensland Motorways Management Pty Ltd [2021] QCA 198

Vella v Larson [1982] Qd R 298

COUNSEL:

S McLennan for the appellant

M De Waard for the respondent

SOLICITORS:

McKays Solicitors for the appellant

Kelly Legal for the respondent

Background

1. In CQ Field Mining Services Pty Ltd v Deguara [2022] QDC 42 I gave judgment in favour of CQ Field Mining Services Pty Ltd, setting aside orders made in the Magistrates Court and giving the appellant leave to withdraw deemed admissions and extending time within which to file a second amended reply to 9 July 2021. I indicated that I would hear the parties as to costs. I have received written submissions from each party, both seeking the payment of their costs.

2. The appellant submits the respondent should pay its costs of the appeal and that there is nothing special or exceptional in the circumstances to warrant departure from the general rule that costs follow the event.

3. The respondent is seeking the appellant pay the respondent’s costs of the appeal or that they be the defendant’s costs in the proceeding. In the alternative, the respondent seeks an indemnity certificate be granted to him.

4. The general rule is that costs follow the event, unless the court orders otherwise.[1]  In Courtney v Chalfen[2] Morrison JA said that the general rule that costs follow the event should only be departed from in the event of special or exceptional circumstances, the rationale for that being that costs are not awarded to punish a party but as a means of indemnifying the successful party.

   [1]Uniform Civil Procedure Rules 1999 (Qld) r 681(1).

   [2] [2021] QCA 25 [4].

5. The…