Sentinel Robina Office Pty Ltd v Clarence Property Corporation Limited
[2019] HCASL 115
SENTINEL ROBINA OFFICE PTY LTD
v
CLARENCE PROPERTY CORPORATION LIMITED
[2019] HCASL 115
B65/2018
This application for special leave to appeal does not give rise to any reason to doubt the correctness of the decision of the Court of Appeal of the Supreme Court of Queensland (Sofronoff P, Philippides JA and Davis J). An appeal to this Court would have no prospect of success. The application should be dismissed.
The respondent seeks an order for indemnity costs, relying upon cl 16.8 of the "Co-Owners Deed" between the parties which provides for indemnity costs for any "judicial action between the parties to enforce any of the provisions of this deed or any right of any party under this deed". Clause 16.8 does not oust the general costs power of this Court. The respondent has not established that cl 16.8, in its context, extends to costs of a special leave application.
Pursuant to r 41.08.1 of the High Court Rules 2004 (Cth), we direct the Registrar to draw up, sign and seal an order dismissing the application with costs.
M.M Gordon J.J Edelman 17 April 2019
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