Supreme Court of South Australia
(Full Court: Civil)
MCINTYRE & ANOR v QUALITY ROOFING SERVICES PTY LTD (No 2)
[2019] SASCFC 69
Judgment of The Full Court
(The Honourable Justice Parker, The Honourable Justice Lovell and The Honourable Auxiliary Justice Tilmouth)
26 June 2019
PROCEDURE - COSTS - DEPARTING FROM THE GENERAL RULE - OTHER CASES
The appellants seek orders for costs to follow the event having largely succeeded in setting aside a judgment against them, entered by a District Court Judge.
Held: As the appellants have a reasonable expectation of a favourable costs order and that the respondent did not succeed on any particular issue, costs should follow the event. Discussion as to the proper disposition of costs issues in related proceedings before the Environmental, Resources and Development Court.
Supreme Court Civil Rules 2006 (SA) r 263(1), r 264(1); Supreme Court Act 1935 (SA) s 40(1); McIntyre & Anor v Quality Roofing Services Pty Ltd [2019] SASCFC 29; Copping and Others v ANZ McCaughan and Another; Tillett Nominees Pty Ltd and Others (1995) 63 SASR 523; Cretazzo v Lombardi (1975) 13 SASR 4; Latoudis v Casey (1990) 170 CLR 534; Forlyle Pty Ltd v Tiver (2007) 252 LSJS 387; Australian Trade Commission v Disktravel [2000] FCA 62; Bowen Investments Pty Ltd v Tabcorp Holdings Ltd (No 2) [2008] FCAFC 107; Oshlack v Richmond River Council (1998) 193 CLR 72; Anderson v Bowles (1951) 84 CLR 310; Gray v Sirtex Medical Ltd (2011) 193 FCR 1; Avenhouse v Hornsby Shire Council (1998) 44 NSWLR 1; Hamdorf v Riddle [1971] SASR 398, referred to.
MCINTYRE & ANOR v QUALITY ROOFING SERVICES PTY LTD (No 2)
[2019] SASCFC 69Full Court: Parker and Lovell JJ and Tilmouth AJ
PARKER J: I agree with the reasons of Tilmouth AJ and the orders he proposes.
LOVELL J: I agree with the reasons of Tilmouth AJ and the orders he proposes.
TILMOUTH AJ:
The issues
This matter returns to the court for determination of the appropriate costs orders following the judgment of this Court allowing the McIntyres’ appeal, delivered on 3 April 2019.[1]
The appellants seek an order for costs to ‘follow the event’ pursuant to SCR 263(1) of the Supreme Court Civil Rules 2006 (SA). In contrast, the respondents argue for costs assessed on an ‘issues by issues basis’, limited to the discrete issues on which the appellants succeeded.
The orders pronounced by this Court on 3 April 2019 were these:
1. The judgment in favour of Quality Roofing Service for $27,403 is set aside;
2. The order dismissing the McIntyres’ cross-action is set aside;
3. The orders for interest against the McIntyres are set aside;
4.The order in favour of Quality Roofing Service for the costs of the Environment, Resources and Development Court action are set aside;
5. The costs orders in favour of Quality Roofing Service are set…
Keep reading for free
Create a free CaseChat account to read McIntyre v Quality Roofing Services Pty Ltd (No 2) and more:
- Read every judgment in full
- Ask AI and get answers linked to paragraphs
- See how each paragraph was cited in later cases
- Download judgments as PDF or Word
One click creates your free account or signs you in.
By continuing you agree to the Terms and Privacy Policy.
- Case
- [2019] SASCFC 69
- Decision Date
CaseChat Overview and Summary
The primary legal issues before the Full Court were whether the appellants could recover the costs they incurred in the ERD Court as damages in the current proceedings, and whether an interim judgment for $12,000 should be awarded. The court also considered a request to correct an error in the primary judgment under the slip rule.
The court reasoned that questions concerning costs paid pursuant to orders of the ERD Court were matters for determination by a District Court Judge by way of damages for breach of contract. However, the court affirmed the well-established policy that the costs of legal proceedings are ordinarily not recoverable as damages in other proceedings, citing *Anderson v Bowles* and *Gray v Sirtex Medical Ltd*. The court noted that the ERD Court needed to finalise all outstanding issues of costs in that court before these matters could be fully considered by the District Court Judge.
The Full Court ordered that the appellants recover their costs of the appeal on a party and party basis. It further ordered that the question of whether costs orders made by the ERD Court sounded in damages be heard by a District Court Judge once the ERD Court determined the incidence of costs in its proceedings. Finally, by consent under the slip rule, the court corrected an error in the primary judgment by substituting $27,903 for $27,403.
Orders
Orders of the court
Full text does not contain this section.
Background
Background to the litigation
Full text does not contain this section.
Evidence
Evidence Before The Court
Full text does not contain this section.
Decision
Reasons for decision
Ratio Decidendi
Legal Principle Established
Full text does not contain this section.