Director of Proceedings on behalf of the Health Ombudsman v XD [No 2]

[2024] QCA 258

SUPREME COURT OF QUEENSLAND

CITATION:	Director of Proceedings on behalf of the Health Ombudsman v XD [No 2] [2024] QCA 258
PARTIES:	DIRECTOR OF PROCEEDINGS ON BEHALF OF THE HEALTH OMBUDSMAN (applicant) v XD (respondent)
FILE NO/S:	Appeal No 12814 of 2023 QCAT No 121 of 2020 QCAT No 288 of 2021
DIVISION:	Court of Appeal
PROCEEDING:	Application for Leave Queensland Civil and Administrative Tribunal Act – Further Order
ORIGINATING COURT:	Queensland Civil and Administrative Tribunal – [2023] QCAT 340 (Judicial Member Dick SC)
DELIVERED ON:	17 December 2024
DELIVERED AT:	Brisbane
HEARING DATE:	On the papers
JUDGES:	Dalton JA and Fraser AJA and Brown J
ORDER:	No order as to costs.
CATCHWORDS:	PROCEDURE – CIVIL PROCEEDINGS IN STATE AND TERRITORY COURTS – COSTS – where the appellant had mixed success in the substantive appeal – where, as a result, the parties agreed in their written submissions that there should be no order as to costs – whether the court should make no order as to costs
COUNSEL:	J R Hunter KC, with S J Cartledge, for the applicant G W Diehm KC, with C D Templeton, for the respondent
SOLICITORS:	Office of the Health Ombudsman for the applicant K&L Gates for the respondent

1. THE COURT:  The Court delivered its judgment in the appeal in this matter on 8 November 2024.  In relation to costs, the Court ordered:

   “5.If the parties intend that there should be any costs order other than that costs follow the event, they should file written submissions on costs not exceeding five pages, the respondent within seven days of the date of delivery of this judgment, and the appellant within seven days thereafter.

   6.Otherwise, costs follow the event.”

2. Both parties provided short written submissions as to costs.  The respondent submitted that there should be no order as to costs.  The appellant agreed that there should be no order as to costs. In light of the parties’ position, it is therefore appropriate that the Court make no order as to costs.

3. The order of the Court is that there be no order as to costs.