SUPREME COURT OF QUEENSLAND
CITATION:
Hestbay Pty Ltd v One Sector Pty Ltd and another [2025] QSC 4
PARTIES:
Hestbay Pty Ltd (CAN 010 851 073) as trustee for the J & F Property Trust
(Plaintiff)
v
One Sector Pty Ltd (CAN 139 990 891)(Defendant)
and
Excel Concrete Pty Ltd (CAN 010 981 773)
(Third Party)FILE NO/S:
Brisbane 9563/21
DIVISION:
Trial
PROCEEDING:
Costs hearing after trial
ORIGINATING COURT:
Supreme Court of Queensland at Brisbane
DELIVERED ON:
17 January 2025
DELIVERED AT:
Brisbane
HEARING DATE:
26 November 2024
JUDGE:
Ryan J
ORDERS:
The plaintiff is to pay the defendant’s costs of the claim and counter-claim on the standard basis, up to and including 20 September 2023 and on the indemnity basis thereafter.
The defendant’s costs, in so far as counsels’ costs are concerned, are limited to the costs of two counsel.
The defendant is to pay the third party’s costs, including reserved costs.
The defendant is to pay the plaintiff’s costs of the hearing of 14 June 2023.
CATCHWORDS:
PROCEDURE – CIVIL PROCEEDINGS IN STATE AND TERRITORY COURTS – COSTS – OFFERS OF COMPROMISE, PAYMENTS INTO COURT AND SETTLEMENTS – INFORMAL OFFERS AND CALDERBANK LETTERS – GENERALLY – where defendant made a Calderbank offer to settle which was rejected by the plaintiff – where defendant bettered its offer at trial – where parties agree that costs post the offer ought to be paid on an indemnity basis
PROCEDURE – CIVIL PROCEEDINGS IN STATE AND TERRITORY COURTS – COSTS – GENERAL RULE: COSTS FOLLOW THE EVENT – OTHER PARTICULAR CASES AND MATTERS – whether it is appropriate to make an order for the plaintiff to pay the defendant’s costs incurred prior to the Calderbank offer on an indemnity basis
PROCEDURE – CIVIL PROCEEDINGS IN STATE AND TERRITORY COURTS – COSTS – GENERAL RULE: COSTS FOLLOW THE EVENT – PARTIAL SUCCESS – where the plaintiff submitted that the defendant had only been successful in part in its claim and counterclaim – whether the costs payable to the defendant ought to be reduced to reflect its lack of success in relation to certain issues
PROCEDURE – CIVIL PROCEEDINGS IN STATE AND TERRITORY COURTS – COSTS – GENERAL RULE: COSTS FOLLOW THE EVENT – OTHER PARTICULAR CASES AND MATTERS – where the defendant was represented by a silk and two juniors at trial and at this costs hearing – whether costs recoverable by the defendant ought to be limited to the costs of two counsel – whether matter sufficiently complex as to warrant three counsel
PROCEDURE – CIVIL PROCEEDINGS IN STATE AND TERRITORY COURTS – PARTIES AND NON-PARTIES – COSTS IN PROCEEDINGS WHERE MULTIPLE PARTIES – GENERALLY – where defendant joined the third party early in the piece – whether the defendant ought to pay the third party’s costs – where defendant said plaintiff’s claim was the catalyst for joining third party – where defendant said it discontinued against the third party after the plaintiff amended its statement of claim and obtained different…
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- Case
- [2025] QSC 4
- Decision Date
CaseChat Overview and Summary
The court examined the nature of Hestbay's conduct, finding it inadequate but not unreasonable enough to warrant an order for indemnity costs. It was noted that Hestbay misunderstood critical evidence and failed to prove certain claims, but these shortcomings did not rise to the level of unreasonableness. The court also considered the fairness principle in allocating costs, referencing James & Ors v Surf Road Nominees Pt Limited & Ors (No 2) [2005] NSWCA 296, but found that Hestbay's conduct did not justify costs on an issues basis. The court held that the defendant's costs should be limited to the costs of two counsel as the matter was not sufficiently complex to warrant three counsel. Regarding the third party's costs, the court ruled that the defendant should bear them, and the plaintiff should pay the defendant's costs of a specific hearing.
The final orders of the court required Hestbay to pay One Sector's costs of the claim and counterclaim on the standard basis up to a certain date and on an indemnity basis thereafter. The defendant's costs, concerning counsel, were to be limited to two counsel. The defendant was also ordered to pay the third party's costs, including reserved costs, and to cover the plaintiff's costs of a particular hearing.
Orders
Orders of the court
The plaintiff is to pay the defendant’s costs of the claim and counter-claim on the standard basis, up to and including 20 September 2023 and on the indemnity basis thereafter.
The defendant’s costs, in so far as counsels’ costs are concerned, are limited to the costs of two counsel.
The defendant is to pay the third party’s costs, including reserved costs.
The defendant is to pay the plaintiff’s costs of the hearing of 14 June 2023.
Background
Background to the litigation
Full text does not contain this section.
Evidence
Evidence Before The Court
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Decision
Reasons for decision
Ratio Decidendi
Legal Principle Established
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