Hansen v Patrick

SUPREME COURT OF QUEENSLAND

CITATION:

Hansen & Anor v Patrick & Ors [2018] QCA 357

PARTIES:

ALLAN JOHN HANSEN
(first appellant/first cross-respondent)
BANCHICK PTY LIMITED
ACN 011 006 018
(second appellant/second cross-respondent)
v
ROBERT WILLIAM PATRICK
(first respondent/first cross-appellant)
KATHRYN LOUISE PATRICK
(second respondent/second cross-appellant)
FIREHOSE PTY LIMITED
ACN 054 417 757
(third respondent/third cross-appellant)
PATRICK & HANSEN PTY LTD
ACN 010 883 708
(fourth respondent/fourth cross-appellant)

FILE NO/S:

Appeal No 1877 of 2018
SC No 800 of 2006

DIVISION:

Court of Appeal

PROCEEDING:

General Civil Appeal – Further Orders

ORIGINATING COURT:

Supreme Court at Townsville – [2018] QSC 7 (North J)

DELIVERED ON:

21 December 2018

DELIVERED AT:

Brisbane

HEARING DATE:

Heard on the papers

JUDGES:

Sofronoff P and Fraser and Morrison JJA

ORDERS:

1.   The Respondents shall pay the Appellants’ costs of the Appeal.

2. The requirements of s 15 of the Appeal Costs Fund Act 1973 (Qld) having been satisfied, the application of the Respondents for an indemnity certificate under s 15 of the Appeal Costs Fund Act 1973 (Qld) is granted.

3.   The costs of and incidental to the trial which commenced on 9 September 2015 are reserved to the trial judge who conducts the re-trial.

4.   The Respondents shall pay the Appellants’ costs of the Cross-Appeal.

5.   The Respondents shall pay the Appellants’ costs of and incidental to the claim made at trial by paragraph 31 of the Statement of Claim save for the costs of and incidental to the re-opening of the trial in relation to that claim.

6.   The issue of the costs of and incidental to the re-opening of the claim made by paragraph 31 of the Statement of Claim shall be determined by the trial judge who conducted the trial which commenced on 9 September 2015.

CATCHWORDS:

PROCEDURE – CIVIL PROCEEDINGS IN STATE AND TERRITORY COURTS – COSTS – OTHER MATTERS – where the parties agreed to the form of order as to costs

COUNSEL:

D A Savage QC, with A L Raeburn, for the appellants/cross-respondents
J A Griffin QC, with A J Moon, for the respondents/cross-appellants

SOLICITORS:

Connolly Suthers Lawyers for the appellants/cross-respondents
Roberts Nehmer McKee Lawyers for the respondents/cross-appellants

THE COURT: The order of the Court is that:
1.The Respondents shall pay the Appellants’ costs of the Appeal.
2.The requirements of s 15 of the Appeal Costs Fund Act 1973 (Qld) having been satisfied, the application of the Respondents for an indemnity certificate under s 15 of the Appeal Costs Fund Act 1973 (Qld) is granted.
3.The costs of and incidental to the trial which commenced on 9 September 2015 are reserved to the trial judge who conducts the re-trial.
4.The Respondents shall pay the Appellants’ costs of the Cross-Appeal.
5.The Respondents shall pay the Appellants’ costs of and incidental to the claim made at trial by paragraph 31 of the Statement of Claim save for the costs of and incidental to the re-opening of the trial in relation to that claim.
6.The issue of the costs of and incidental to the re-opening of the claim made by paragraph 31 of the Statement of Claim shall be determined by the trial judge who conducted the trial which commenced on 9 September 2015.

CaseChat Overview and Summary

In the case of Hansen v Patrick, the parties were engaged in a legal dispute that was ultimately decided by the court. The central issue revolved around the allocation of costs incurred during the litigation process. The matter was heard in a Queensland court, where the parties had previously agreed on the form of the order regarding costs. The court was tasked with resolving several legal issues concerning the distribution of costs between the parties, including the costs of an appeal, a cross-appeal, and specific claims made during the trial.

The court's primary responsibility was to determine how the costs incurred by the parties during the various stages of the litigation should be allocated. This involved examining the agreements made by the parties, as well as the statutory provisions governing costs in Queensland. The court had to decide whether to grant an indemnity certificate to the respondents and how to handle the costs associated with a re-trial, as well as the costs related to specific claims that were re-opened during the trial.

In its reasoning, the court carefully reviewed the agreements made by the parties and the relevant statutory provisions. The court concluded that the respondents should bear the costs of the appeal and the cross-appeal. It also granted the respondents' application for an indemnity certificate, as the statutory requirements were met. The court reserved the decision on the costs of the re-trial to the trial judge conducting the re-trial. Additionally, the court ruled that the respondents should pay the costs of the claim made by paragraph 31 of the statement of claim, except for the costs associated with the re-opening of that claim, which were to be determined by the original trial judge.

The court's final orders were that the respondents were to pay the appellants' costs of the appeal and cross-appeal, and the application for an indemnity certificate was granted. The costs of the re-trial were to be determined by the trial judge conducting the re-trial. The respondents were also required to pay the costs of the claim made by paragraph 31 of the statement of claim, except for the costs of re-opening that claim, which were reserved for determination by the original trial judge.

Orders of the court

1. The Respondents shall pay the Appellants’ costs of the Appeal.

2. The requirements of s 15 of the Appeal Costs Fund Act 1973 (Qld) having been satisfied, the application of the Respondents for an indemnity certificate under s 15 of the Appeal Costs Fund Act 1973 (Qld) is granted.

3. The costs of and incidental to the trial which commenced on 9 September 2015 are reserved to the trial judge who conducts the re-trial.

4. The Respondents shall pay the Appellants’ costs of the Cross-Appeal.

5. The Respondents shall pay the Appellants’ costs of and incidental to the claim made at trial by paragraph 31 of the Statement of Claim save for the costs of and incidental to the re-opening of the trial in relation to that claim.

6. The issue of the costs of and incidental to the re-opening of the claim made by paragraph 31 of the Statement of Claim shall be determined by the trial judge who conducted the trial which commenced on 9 September 2015.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established

CITATION:	Hansen & Anor v Patrick & Ors [2018] QCA 357
PARTIES:	ALLAN JOHN HANSEN (first appellant/first cross-respondent) BANCHICK PTY LIMITED ACN 011 006 018 (second appellant/second cross-respondent) v ROBERT WILLIAM PATRICK (first respondent/first cross-appellant) KATHRYN LOUISE PATRICK (second respondent/second cross-appellant) FIREHOSE PTY LIMITED ACN 054 417 757 (third respondent/third cross-appellant) PATRICK & HANSEN PTY LTD ACN 010 883 708 (fourth respondent/fourth cross-appellant)
FILE NO/S:	Appeal No 1877 of 2018 SC No 800 of 2006
DIVISION:	Court of Appeal
PROCEEDING:	General Civil Appeal – Further Orders
ORIGINATING COURT:	Supreme Court at Townsville – [2018] QSC 7 (North J)
DELIVERED ON:	21 December 2018
DELIVERED AT:	Brisbane
HEARING DATE:	Heard on the papers
JUDGES:	Sofronoff P and Fraser and Morrison JJA
ORDERS:	1. The Respondents shall pay the Appellants’ costs of the Appeal. 2. The requirements of s 15 of the Appeal Costs Fund Act 1973 (Qld) having been satisfied, the application of the Respondents for an indemnity certificate under s 15 of the Appeal Costs Fund Act 1973 (Qld) is granted. 3. The costs of and incidental to the trial which commenced on 9 September 2015 are reserved to the trial judge who conducts the re-trial. 4. The Respondents shall pay the Appellants’ costs of the Cross-Appeal. 5. The Respondents shall pay the Appellants’ costs of and incidental to the claim made at trial by paragraph 31 of the Statement of Claim save for the costs of and incidental to the re-opening of the trial in relation to that claim. 6. The issue of the costs of and incidental to the re-opening of the claim made by paragraph 31 of the Statement of Claim shall be determined by the trial judge who conducted the trial which commenced on 9 September 2015.
CATCHWORDS:	PROCEDURE – CIVIL PROCEEDINGS IN STATE AND TERRITORY COURTS – COSTS – OTHER MATTERS – where the parties agreed to the form of order as to costs
COUNSEL:	D A Savage QC, with A L Raeburn, for the appellants/cross-respondents J A Griffin QC, with A J Moon, for the respondents/cross-appellants
SOLICITORS:	Connolly Suthers Lawyers for the appellants/cross-respondents Roberts Nehmer McKee Lawyers for the respondents/cross-appellants