Reid v Crimp

The case of Reid v Crimp involved the applicants, who were granted an urgent interim injunction to restrain the cremation of a body, and the first respondents who sought to have the injunction discharged. The second respondent, who was the solicitor for the first respondents, acted on their instructions throughout the legal proceedings. The matter was heard in the Supreme Court of Queensland, where the applicants sought costs associated with the legal proceedings.

The legal issues that the court had to decide included the allocation of costs for the interim injunction application and the main proceeding. Specifically, the court had to determine whether the first respondents should bear the costs of the interim injunction application and the main proceeding, and whether the second respondent should be compensated for their costs related to the interim injunction application.

The court held that the first respondents should pay the applicants' costs of and incidental to the hearing on 3 September 2004, as well as the second respondent's costs of and incidental to the same hearing, both to be assessed on the standard basis. The court found that the first respondents acted unreasonably in seeking to discharge the interim injunction, and that the second respondent acted properly on their instructions. The court also noted that there would be no order as to the costs reserved on 1 September 2004.

The court's orders included that the first respondents pay the applicants' costs of and incidental to the hearing on 3 September 2004 to be assessed on the standard basis, that the first respondents pay the second respondent's costs of and incidental to the same hearing to be assessed on the standard basis, and that there be no order as to the costs reserved on 1 September 2004.