National Australia Bank v McBride (No 2)

[2011] QSC 79

SUPREME COURT OF QUEENSLAND

CITATION:

National Australia Bank v McBride (No 2) [2011] QSC 79

PARTIES:

NATIONAL AUSTRALIA BANK

ACN 004 044 937
(plaintiff)

v

PHILLIP DAVID McBRIDE
(first defendant)

and

CAROLE ANN McBRIDE
(second defendant)

FILE NO/S:

BS 2504 of 2010

DIVISION:

Trial Division

PROCEEDING:

Claim – Further Orders

ORIGINATING COURT:

Supreme Court of Queensland

DELIVERED ON:

11 April 2011

DELIVERED AT:

Brisbane

HEARING DATE:

28 March 2011

JUDGE:

McMurdo J

ORDER:

The defendants pay to the plaintiff its costs of the proceedings including reserved costs (if any).

CATCHWORDS:

PROCEDURE – COSTS – GENERAL RULE-COSTS FOLLOW THE EVENT – COSTS OF WHOLE ACTION – GENERALLY – where default judgement was granted to the plaintiff – where no submissions regarding costs were made by the defendants – whether costs should follow the event

COUNSEL:

SA Angove (sol) for the plaintiff

No appearance for the defendants

SOLICITORS:

Flower & Hart Lawyers for the plaintiff

No appearance for the defendants

1. On 28 March 2011, I gave judgment for the plaintiff.  The defendants, who are unrepresented, did not attend when the judgment was pronounced (although they knew when this was to happen).  I have had the judgment sent to them together with my directions as to the filing of written submissions (if any) as to costs.  The plaintiff seeks its costs of the proceedings.  I have heard nothing from the defendants.  I see no reason why the costs should not follow the event.  It will be ordered that the defendants pay to the plaintiff its costs of the proceedings including reserved costs (if any).