SUPREME COURT OF QUEENSLAND
CITATION:
Leigh v Sanchez [No 2] [2025] QCA 79
PARTIES:
TRACY LEIGH
(applicant)
v
LOUIS PHILLIPE SANCHEZ
(first respondent)
RONA MARIE SANCHEZ
(second respondent)FILE NO/S:
Appeal No 15719 of 2024
DC No 1060 of 2018DIVISION:
Court of Appeal
PROCEEDING:
Further Orders - Costs
ORIGINATING COURT:
District Court at Brisbane – [2024] QDC 123 & [2024] QDC 149 (Porter KC DCJ)
DELIVERED ON:
23 May 2025
DELIVERED AT:
Brisbane
HEARING DATE:
Heard on the papers
JUDGES:
Mullins P and Burns and Ryan JJ
ORDERS:
1. Leave given to the applicant to rely on paragraph 6 of her affidavit affirmed on 16 April 2025.
2. The applicant must pay the respondents’ costs of the application for extension of time to appeal and application for leave to appeal including reserved costs, except for the costs of the application filed on 9 December 2024 that relate to the relief sought other than for security for costs.
CATCHWORDS:
PROCEDURE – CIVIL PROCEEDINGS IN STATE AND TERRITORY COURTS – COSTS – GENERAL RULE: COSTS FOLLOW EVENT – GENERAL PRINCIPLES AND EXERCISE OF DISCRETION – where the applicant applied for extension of time to apply for leave to appeal from the orders of the District Court judge that struck out the paragraphs of the statement of claim that pleaded a claim for aggravated damages and refused leave to applicant to re-plead – where the respondents were successful in obtaining an order for security for costs against the applicant for the applications in the Court of Appeal – where the applicant could not provide the security and consented to the dismissal of the application for extension of time for leave to appeal and application for leave to appeal – where the parties did not agree on what costs order should be made in respect of those applications – whether the applicant should be ordered to pay the respondents’ costs of the application for extension of time for leave to appeal and the application for leave to appeal
Leigh v Sanchez[2025] QCA 4, related
COUNSEL:
The applicant appeared on her own behalf
J Levine for the respondentsSOLICITORS:
The applicant appeared on her own behalf
Matrix Legal for the respondents
THE COURT: The applicant Ms Leigh brought a defamation proceeding against the respondents Mr and Mrs Sanchez in the District Court. On 6 August 2024, the primary judge struck out certain paragraphs of the further amended statement of claim which were relied on by the applicant for a claim for aggravated damages: Leigh v Sanchez [2024] QDC 123. The applicant prepared a second further amended statement of claim that was considered by the primary judge in determining whether leave to re-plead should be given. On 30 August 2024 the primary judge refused the applicant leave to rely on the second further amended statement of claim and dismissed her application for leave to re-plead and the applicant was ordered to pay the respondents costs of the application.
The applicant did not…
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- AGLC
- Leigh v Sanchez [No 2] [2025] QCA 79
- Case
- [2025] QCA 79
- Decision Date
CaseChat Overview and Summary
The primary legal issue before the court was whether the applicant should be ordered to pay the respondents’ costs of the application for extension of time for leave to appeal and the application for leave to appeal. The court considered the general principles and exercise of discretion in relation to costs, including the general rule that costs follow the event and the nature of the unsuccessful applications. The court noted that the applicant had been unable to provide the security for costs and had consented to the dismissal of the application, which had a significant impact on the costs order.
The court concluded that the applicant should be ordered to pay the respondents’ costs of the application for extension of time for leave to appeal and the application for leave to appeal, except for the costs of the application filed on 9 December 2024 that related to the relief sought other than for security for costs. The court found that the applicant’s inability to provide the security for costs and their consent to the dismissal of the application were significant factors in the costs order. The court also considered the impact of the unsuccessful applications on the respondent and the importance of enforcing the security for costs order.
The court ordered that the applicant must pay the respondents’ costs of the application for extension of time to appeal and the application for leave to appeal, except for the costs of the application filed on 9 December 2024 that related to the relief sought other than for security for costs. The court also granted leave to the applicant to rely on paragraph 6 of her affidavit affirmed on 16 April 2025.
Orders
Orders of the court
1. Leave given to the applicant to rely on paragraph 6 of her affidavit affirmed on 16 April 2025.
2. The applicant must pay the respondents’ costs of the application for extension of time to appeal and application for leave to appeal including reserved costs, except for the costs of the application filed on 9 December 2024 that relate to the relief sought other than for security for costs.
Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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