Pullenvale Estates Pty Ltd as Trustee for Mantle Family Trust v Malone (No 2)

The case of Pullenvale Estates Pty Ltd as Trustee for Mantle Family Trust v Malone (No 2) dealt with an application by the defendants for an order that the plaintiffs pay the costs of their successful application to have the plaintiffs’ statement of claim struck out. The case was heard by the Supreme Court of Queensland. The plaintiffs argued that the costs of the application should be costs in the proceeding or, alternatively, that they should pay only half of the defendants’ costs. They also submitted that the costs should be reserved to the trial judge.

The court considered the plaintiffs' submissions and found that there was no reason to reserve the costs of the interlocutory application, as this was not the result of any assessment of the ultimate merits. The court held that the plaintiffs were ordered to pay the defendants' costs of the application determined by the judgment of McMurdo J on 13 February 2015, including the costs of the defendants' written submissions dated 20 February 2015. The court's decision emphasised the importance of the distinction between costs in the proceeding and costs reserved to the trial judge, and the need for careful consideration of the appropriate costs order in interlocutory proceedings.

The final orders of the court required the plaintiffs to pay the defendants' costs of the application, as determined by the judgment of McMurdo J on 13 February 2015, including the costs of the defendants' written submissions dated 20 February 2015. This outcome reflected the court's view that the plaintiffs' unsuccessful application to have their statement of claim struck out warranted the defendants being compensated for their costs.