Glover v Buckton Building Pty Ltd

In Glover v Buckton Building Pty Ltd, the applicant, Glover, sought to recover costs from the respondent, Buckton Building Pty Ltd, following a dispute in the Supreme Court of Queensland. The applicant had previously succeeded in an action against the respondent for breach of contract and negligence, which resulted in the respondent being ordered to pay damages to the applicant. The applicant now sought an order for costs from the respondent under the usual terms of costs provisions in the Supreme Court Rules.

The primary legal issue before the court was whether the applicant was entitled to the costs sought, given the terms of the usual terms of costs provisions. The court had to consider the nature of the proceedings and the conduct of the parties throughout the litigation. The court also needed to decide whether the applicant's application for costs was reasonable and proportionate, and whether the respondent's application for costs should be dismissed.

The court found that the applicant was entitled to 60% of their costs as assessed or agreed. The court held that the applicant's application for costs was reasonable and proportionate, and that the respondent's application for costs should be dismissed. The court considered the nature of the proceedings and the conduct of the parties throughout the litigation in making its decision. The court also considered the amount of costs sought by the applicant and whether it was reasonable and proportionate to the nature of the proceedings.

The respondent is to pay 60% of the applicants’ costs as assessed or as agreed. The respondent’s application for costs is dismissed.