Freeman v National Australia Bank Ltd

Case

[2006] QCA 364

1 September 2006


SUPREME COURT OF QUEENSLAND

CITATION:

Freeman v National Australia Bank Ltd [2006] QCA 364

PARTIES:

LYNTON NOEL CHARLES FREEMAN
(plaintiff/appellant)
v
NATIONAL AUSTRALIA BANK LIMITED

ACN 004 044 937
(defendant/respondent)

FILE NO/S:

Appeal No 219 of 2006
SC No 5438 of 2005

DIVISION:

Court of Appeal

PROCEEDING:

General Civil Appeal - Further Order
Miscellaneous Application - Civil

ORIGINATING COURT:

Supreme Court at Brisbane

DELIVERED ON:

Judgment delivered 1 September 2006
Further order delivered 22 September 2006

DELIVERED AT:

Brisbane

HEARING DATE:

Appeal heard 21 July 2006
Application heard on the papers

JUDGES:

McMurdo P, Jerrard and Holmes JJA
Judgment of the Court

FURTHER ORDER:

1.     The appellant's application filed on 18 September        2006 in relation to this appeal is refused
2.     The appellant is to pay the respondent's costs of and        incidental to the appeal to be assessed on the        standard basis

CATCHWORDS:

PROCEDURE - COSTS - RECOVERY OF COSTS - where the Court granted leave to the parties to make submissions as to an appropriate costs order - whether costs should be assessed on the standard or the indemnity basis

COUNSEL:

The appellant appeared on his own behalf
I R Perkins for the respondent

SOLICITORS:

The appellant appeared on his own behalf
Mallesons Stephen Jaques for the respondent

  1. THE COURT:  The appellant's application filed on 18 September 2006 in relation to this appeal is refused.

  1. The appellant is to pay the respondent's costs of and incidental to the appeal to be assessed on the standard basis.

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