Deleje Pty Ltd v Butterworth (No 2)

[2021] QDC 334

DISTRICT COURT OF QUEENSLAND

CITATION:

Deleje Pty Ltd & Anor v Butterworth (No 2) [2021] QDC 334

PARTIES:

DELEJE PTY LTD
and
DAVIN LEE JOHNSON

(appellants)
V
SIMON BUTTERWORTH
(respondent)

FILE NO/S:

3380/2020

DIVISION:

Civil

PROCEEDING:

Appeal

ORIGINATING COURT:

District Court

DELIVERED ON:

10 December 2021

DELIVERED AT:

Brisbane

HEARING DATE:

Determined on the papers without oral hearing

JUDGES:

Richards DCJ

ORDER:

The appellants are each ordered to pay the respondent $1800 in costs by 3 April 2022

CATCHWORDS:

APPEAL AND NEW TRIAL – PROCEDURE – QUEENSLAND – POWERS OF COURT – COSTS – where the appeal is dismissed – where the appellants are each ordered to pay the respondent costs

COUNSEL:

R Traves, QC with S Spottiswood for the Appellants
K D Cartledge, solicitor with City Legal for the Respondent  

SOLICITORS:

Gadens Solicitors for the Appellants
City Legal for the Respondent

1. The above appeal was dismissed on 10 December 2020. The parties asked for time to consider the issue of costs.

2. The appellants have indicated they do not propose to make submissions on costs and consent to the issue being determined on the papers.

3. The respondent has provided written submissions which are attached to the file. They also consent to the issue being determined on the papers.

4. The appellants were unsuccessful in their appeal. It is appropriate that costs are awarded to the respondent in those circumstances. The respondent has asked for costs in relation to each appellant. The arguments in relation to the two appellants were different and therefore it is appropriate to order costs in relation to each appellant. The appellants are each ordered to pay the respondent $1800 in costs by 3 April 2022.