Dupois v Queensland Police Service [No 2]

[2023] QCA 72

SUPREME COURT OF QUEENSLAND

CITATION:

Dupois v Queensland Police Service & Anor [No 2] [2023] QCA 72

PARTIES:

CHARLES DUPOIS

(appellant)
v
QUEENSLAND POLICE SERVICE
(first respondent)
MAGISTRATE STROFIELD
(second respondent)

FILENO/S:

Appeal No 13107 of 2022

SC No 6119 of 2022

DIVISION:

Court of Appeal

PROCEEDING:

Appeal from Interlocutory Decision – Further Orders – Costs

ORIGINATINGCOURT:

Supreme Court at Brisbane – Unreported, 18 October 2022 (Freeburn J)

DELIVEREDON:

21 April 2023

DELIVEREDAT:

Brisbane

HEARINGDATE:

Heard on the papers

JUDGES:

Bond JA and Gotterson AJA and Henry J

ORDERS:

1.   The appellant should pay the first respondent’s costs of the appeal, to be assessed on the standard basis.

2.   The appellant should pay the second respondent’s costs of the appeal, to be assessed on the standard basis.

CATCHWORDS:

PROCEDURE – CIVIL PROCEEDINGS IN STATE AND TERRITORY COURTS – COSTS – GENERAL MATTERS

– GENERALLY – where the appellant appealed from an interlocutory decision – where the appeal was dismissed – where the Court ordered the parties to make submissions on costs for the matter to be resolved on the papers – where the first and second respondent advised that neither seeks an order for indemnity costs – where the appellant did not make submissions

Uniform Civil Procedure Rules 1999 (Qld), r 686, r 687, r 701,

r 702

COUNSEL:

The appellant appeared on his own behalf D D Keane KC for the first respondent

P K O'Higgins for the second respondent

2

SOLICITORS:

The appellant appeared on his own behalf QPS Legal for the first respondent

Crown Law for the second respondent

1. THE COURT: By orders made on 17 March 2023, the Court dismissed Mr Dupois’ appeal with costs, leaving for determination the question whether costs should be ordered to be assessed on the indemnity basis or on the standard basis. In that regard, the Court ordered:

   “Parties seeking to make submissions as to whether the costs should or should not be ordered on the standard basis or the indemnity basis, will file and serve their submissions in writing limited to four pages by 4pm 23 March 2023, and the Court will resolve on the papers the orders which should be made on that topic.”

1. The first respondent and the second respondent have each filed written submissions advising that neither of them seeks an order for indemnity costs. Mr Dupois did not file any submissions within time.  Nothing turns on that failure.

1. Ordinarily, an order that an appeal be dismissed with costs would be construed as requiring costs to be assessed in favour of each respondent on the standard basis: see Uniform Civil Procedure Rules 1999 (Qld) rr 686, 687,701 and 702.

1. However, in light of the fact that the order for further submissions did contemplate further orders clarifying the position, the matter should not be left without orders which do so.  The following orders should be made:

   1.The appellant should pay the first respondent’s costs of the appeal, to be assessed on the standard basis.

   2.The appellant should pay the second respondent’s costs of the appeal, to be assessed on the standard basis.