Gillespie v Gillespie

[2013] QCA 126

SUPREME COURT OF QUEENSLAND

CITATION:	Gillespie & Ors v Gillespie [2013] QCA 126
PARTIES:	GEOFFREY BRUCE GILLESPIE (first appellant) WILLIAM BRUCE GILLESPIE (second appellant) MICHAEL PELDAN AND MORGAN LANE ATF THE ESTATE OF ANNETTE MIRIAM MAREE RODGERS (FORMERLY GREEN) (A BANKRUPT) (third appellant) v GLORIA DAWN GILLESPIE (respondent)
FILE NO:	Appeal No 8193 of 2012 DC No 5 of 2011
DIVISION:	Court of Appeal
PROCEEDING:	General Civil Appeal – Further Order
ORIGINATING COURT:	District Court at Mackay
DELIVERED ON:	24 May 2013
DELIVERED AT:	Brisbane
HEARING DATE:	Heard on the papers
JUDGES:	Margaret McMurdo P, White JA and Margaret Wilson J Judgment of the Court
ORDER:	The appellants are to pay the respondent’s costs of the appeal on the standard basis.
CATCHWORDS:	PROCEDURE – COSTS – GENERAL RULE – COSTS FOLLOW THE EVENT – COSTS OF APPEAL – GENERALLY – where the appeal was dismissed – where the parties were given leave to make submissions as to the costs of the appeal in accordance with paragraph 52 of Practice Direction No 3 of 2013 – where the respondent submitted that costs should follow the event – where the appellants made no submissions as to costs – whether costs should follow the event
COUNSEL:	No appearance by the appellant No appearance by the respondent, the respondent’s submissions were heard on the papers
SOLICITORS:	S B Wright & Wright and Condie for the first and second appellants Tucker & Cowen for the third appellant Macrossan & Amiet for the respondent

1. THE COURT:  On 7 May 2013 the Court dismissed the appeal and allowed the parties to make written submissions on costs.

1. The respondent has submitted that costs should follow the event.  The appellants have not made any submission on costs.

1. In the circumstances, the Court orders that the appellants pay the respondent’s costs of the appeal on the standard basis.