MAV v ABA

[2007] QCA 242

SUPREME COURT OF QUEENSLAND

CITATION:

MAV v ABA [2007] QCA 242

PARTIES:

MAV
(plaintiff/appellant)
v
ABA
(defendant/respondent)
ATTORNEY-GENERAL OF QUEENSLAND
(intervenor)

FILE NO/S:

Appeal No 10078 of 2006
DC No 457 of 2005

DIVISION:

Court of Appeal

PROCEEDING:

Application for Extension of Time / General Civil Appeal

ORIGINATING COURT:

District Court at Townsville

DELIVERED ON:

Judgment delivered 13 April 2007
Further order delivered 20 July 2007

DELIVERED AT:

Brisbane

HEARING DATE:

27 March 2007

JUDGES:

Jerrard JA, Cullinane and Jones JJ
Judgment of the Court

ORDER:

Amend the order for costs in MAV v ABA [2007] QCA 124 to read: “The State of Queensland as intervenor is to pay the appellant’s costs of the appeal, assessed on the standard basis.”

CATCHWORDS:

APPEAL AND NEW TRIAL – APPEAL – PRACTICE AND PROCEDURE – QUEENSLAND – POWERS OF COURT – COSTS – where the State of Queensland intervened – where the State of Queensland was the true respondent – whether a costs order should be made against the State of Queensland

Uniform Civil Procedure Rules 1999 (Qld), r 388

COUNSEL:

D Honchin for the appellant
S Hinson SC for the intervenor

SOLICITORS:

Purcell Taylor Lawyers for the appellant
Crown Solicitor for the intervenor

1. THE COURT: We amend the order for costs in MAV v ABA [2007] QCA 124 in accordance with Uniform Civil Procedure Rules 1999 (Qld), r 388 (“the slip rule”).

1. The order for costs should read: “The State of Queensland as intervenor is to pay the appellant’s costs of the appeal, assessed on the standard basis.”