LN v PN - [2007] QDC 25

DISTRICT COURT OF QUEENSLAND

CITATION:

LN v PN [2007] QDC 025

PARTIES:

LN
Applicant

v

PN
Respondent

FILE NO/S:

1182 of 2006

DIVISION:

Civil

PROCEEDING:

Decision on Costs

ORIGINATING COURT:

District Court Brisbane

DELIVERED ON:

5 March 2007

DELIVERED AT:

Brisbane

HEARING DATE:

Submissions received in writing

JUDGE:

Ryrie DCJ

ORDER:

The respondent pay to the applicant her costs of the proceedings including reserved costs to be assessed on a standard basis and on the District Court scale from the 16^th May 2005.

CATCHWORDS:

COSTS

Property Law Act 1974 (Qld), Part 19, s 341

Uniform Civil Procedure Rules 1999, Ch 9 Pt 5; r 360(1)

COUNSEL:

Mr R Galloway for the applicant

Mr M Byrne for the respondent

SOLICITORS:

Thomas Solicitors for the applicant

Simonidis Shoebridge Lawyers for the respondent

Background

On the 11^th January 2007, judgment was handed down in favour of the applicant in respect of her claim for relief pursuant to Part 19 of the Property Law Act 1974. The background facts which gave rise to that claim are set out in the written judgment which was handed down in this matter. At that time, I invited the parties to make submissions in writing in respect of costs within 28 days in the event that neither party agreed that the normal rule set out in s.341(1) of the Property Law Act 1974 should apply to the proceedings and in respect of any reserved costs order previously made.

Outline of Submissions were then delivered by both parties for my consideration. Those respective outlines and reply have now been marked as an exhibit for the purpose of this decision.

The relevant costs regime – s.341 of the Property Law Act 1974

Both parties agree that the relevant costs regime to be considered is s.341 of the Property Law Act 1974.

s.341 provides:

341 Party bears own costs
(1)     A party to a proceeding under this part bears the party’s own costs.
(2)     However, if the court is satisfied there are circumstances justifying it making an order, it may make any order for costs or security for costs it considers appropriate.
(3)     The court may make an order at any stage of the proceeding or after the proceeding ends.
(4)     In considering whether there are circumstances justifying it making an order, the court must consider the following matters—
(a) the income, property and financial resources of each of the parties;
(b) whether any party has legal aid and the terms of the legal aid;
(c) the conduct of each of the parties in relation to the proceeding, including, for example, conduct about pleadings, particulars, disclosure, inspection, interrogatories, admissions of facts and production of documents;
(d) whether the proceeding results from a party’s failure to comply with a previous order made under this part;
(e)whether any party has been wholly unsuccessful in the proceeding;
(f) whether any party made an offer to settle under the Uniform Civil Procedure Rules 1999 and the terms of the offer;
(g) any…

Grounds of appeal

[14] The appellant contends that the primary judge erred in finding that the respondent had discharged the onus of establishing the matters required under the relevant provision.

[15] It was submitted that his Honour failed to give adequate weight to the evidence of the second witness, and that the findings of fact were not reasonably open on the material before the Court.

[16] The respondent, for its part, submits that no error is disclosed, and that the conclusions reached were well within the range of outcomes available to the primary judge.

Consideration

[17] It is convenient to deal first with the question of construction, as the resolution of that issue informs the remaining grounds advanced by the appellant.

[18] For the reasons that follow, we are of the view that the appeal should be allowed in part and the matter remitted for further determination.

Continue reading LN v PN

Details

AGLC: LN v PN [2007] QDC 25
Case: [2007] QDC 25
Decision Date: 5 March 2007

CaseChat Overview and Summary

The case before the court involved a dispute between LN, the applicant, and PN, the respondent, concerning a property-related matter under the Property Law Act 1974 (Qld). The applicant sought a declaration that she was the owner of a property and an order for the respondent to pay her costs of the proceedings. The matter was heard in the Queensland District Court.

The central legal issue before the court was whether the applicant was entitled to an order for costs against the respondent under the Uniform Civil Procedure Rules 1999. The applicant argued that the respondent's conduct during the proceedings warranted an award of costs. The court had to consider the statutory provisions and rules that govern the awarding of costs in property-related matters.

The court found that the respondent's conduct during the proceedings was vexatious and unreasonable, justifying the award of costs against the respondent. The court noted that the respondent had engaged in conduct that was intended to delay and prolong the proceedings, without any reasonable prospect of success. The court concluded that the applicant was entitled to an order for costs, including reserved costs, to be assessed on a standard basis and on the District Court scale from a specified date.

The court ordered that the respondent pay to the applicant her costs of the proceedings, including reserved costs to be assessed on a standard basis and on the District Court scale from the 16th May 2005. This order was based on the finding that the respondent's conduct during the proceedings warranted an award of costs against them.

Orders

Orders of the court

The respondent pay to the applicant her costs of the proceedings including reserved costs to be assessed on a standard basis and on the District Court scale from the 16th May 2005.

Background

Background to the litigation

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Evidence

Evidence Before The Court

Full text does not contain this section.

Decision

Reasons for decision

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Ratio Decidendi

Legal Principle Established

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CITATION:	LN v PN [2007] QDC 025
PARTIES:	LN Applicant v PN Respondent
FILE NO/S:	1182 of 2006
DIVISION:	Civil
PROCEEDING:	Decision on Costs
ORIGINATING COURT:	District Court Brisbane
DELIVERED ON:	5 March 2007
DELIVERED AT:	Brisbane
HEARING DATE:	Submissions received in writing
JUDGE:	Ryrie DCJ
ORDER:	The respondent pay to the applicant her costs of the proceedings including reserved costs to be assessed on a standard basis and on the District Court scale from the 16^th May 2005.
CATCHWORDS:	COSTS Property Law Act 1974 (Qld), Part 19, s 341 Uniform Civil Procedure Rules 1999, Ch 9 Pt 5; r 360(1)
COUNSEL:	Mr R Galloway for the applicant Mr M Byrne for the respondent
SOLICITORS:	Thomas Solicitors for the applicant Simonidis Shoebridge Lawyers for the respondent