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
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.
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.
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.
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].
The…
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- Case
- [2022] QDC 76
- Decision Date
CaseChat Overview and Summary
The legal issues before the court were whether the costs should follow the event and be awarded on the standard basis, or whether the appellant should pay the respondent’s costs instead. Additionally, the court considered whether the appellant's success was based on a point of law that was not argued in the Magistrates Court, and whether the appellant's success was due to evidence that was not presented. The court also examined whether the appellant had already paid for an indulgence and whether the respondent should be granted an indemnity certificate.
The court found that the appellant's success was based on a point of law that was not argued in the Magistrates Court, and that the appellant's success was not due to evidence that was not presented. The court concluded that the appellant had already paid for an indulgence, and as such, the respondent should pay the appellant's costs. Furthermore, the court determined that the respondent should be granted an indemnity certificate pursuant to section 15(2) of the Appeal Costs Fund Act 1973 (Qld).
In light of the above, the court made two orders. Firstly, the respondent was ordered to pay the appellant's costs. Secondly, the respondent was granted an indemnity certificate pursuant to section 15(2) of the Appeal Costs Fund Act 1973 (Qld).
Orders
Orders of the court
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).
Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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