Goodwin v O'Driscoll

[2008] QCA 43

SUPREME COURT OF QUEENSLAND

CITATION: 

Goodwin v O'Driscoll & Anor [2008] QCA 43

PARTIES: 

BRUCE GOODWIN
(applicant/appellant/respondent)
v
MICHAEL O'DRISCOLL
(first respondent/not a party to the appeal/not a party to the
application)
GERARD JAMES MURPHY
(second respondent/respondent/applicant)

FILE NO/S: 

Appeal No 9271 of 2006
SC No 7474 of 2004

DIVISION: 

Court of Appeal

PROCEEDING: 

Miscellaneous Application – Civil

ORIGINATING 
COURT: 

Supreme Court at Brisbane

DELIVERED ON: 

7 March 2008

DELIVERED AT: 

Brisbane

HEARING DATE: 

Heard on the papers

JUDGES: 

McMurdo P and Wilson J
Judgment of the Court

ORDER: 

1.	That the order for costs made on 2 April 2007 be set aside
2.	That the respondent Bruce Goodwin pay the applicant Gerard James Murphy’s costs of and incidental to the appeal fixed in the sum of $8,000
3.	That there be no order as to the costs of the application filed on 5 December 2007

CATCHWORDS: 

APPEAL AND NEW TRIAL – APPEAL – PRACTICE AND PROCEDURE – QUEENSLAND – POWERS OF COURT – COSTS – where applicant ordered to pay respondent's costs of appeal – where amendment to costs rules occurred – whether transitional provision applies – whether order should be made fixing costs

APPEAL AND NEW TRIAL – APPEAL – PRACTICE AND PROCEDURE – QUEENSLAND – POWERS OF COURT – COSTS – where party with benefit of order applied for it to be set aside and a fixed sum set – whether Court should set aside costs order

Uniform Civil Procedure Rules 1999 (Qld) r 667(2)(e),
r 687(2), r 743U
Supreme Court of Queensland Practice Direction Number
7 of 2007

Goodwin v O’Driscoll & Anor [2007] QCA 108

SOLICITORS: 

McCowans Solicitors for the applicant
The respondent appeared on his own behalf

1. THE COURT: On 2 April 2007 this Court (McMurdo P, Jerrard JA and Wilson J) dismissed an appeal brought by Mr Goodwin against the decision of Mr Justice Helman made on 4 October 2006 in a judicial review application.[1] Mr Goodwin was ordered to pay Mr Murphy’s costs of the appeal. Under the costs provisions of the Uniform Civil Procedure Rules then in force Mr Goodwin was accordingly obliged to pay Mr Murphy’s costs of and incidental to the appeal to be assessed by the Registrar on the standard basis: rr 685(1), 703.

   [1] Goodwin v O’Driscoll & Anor [2007] QCA 108.

2. By an application filed on 5 December 2007, Mr Murphy sought an order –

   “that pursuant to r 685(2) of the Uniform Civil Procedure Rules 1999, [his] costs payable by [Mr Goodwin] pursuant to the Order made on 2 April 2007 be fixed in a sum to be determined by this Honourable Court”

   or alternatively, an order for their assessment by a private costs assessor.

3. The parties have consented to the application being dealt with on the papers.

4. Jerrard JA is presently on extended sick leave. A certificate has been issued under s 31 of the Supreme Court of Queensland Act (Qld) 1991. For the purposes of the determination of this application, the Court…