Smith v Williams

Case •

[2006] QSC 263

•

31 July 2006

SUPREME COURT OF QUEENSLAND

CITATION:

Smith v Williams & Ors [2006] QSC 263

PARTIES:

SHAYNE QUINTON SMITH
(Plaintiff)
v
CAMPBELL PATRICK WILLIAMS
(First Defendant)
CAROLINE ANNE WADDELL
(Second Defendant)
PETER WADDELL
(Third Defendant)
THE STATE OF QUEENSLAND
(Fourth Defendant)
HERBERTON SHIRE COUNCIL
(Fifth Defendant)

FILE NO/S:

166 of 2005

DIVISION:

Trial

PROCEEDING:

Adjourned application for costs

ORIGINATING COURT:

Supreme Court, Cairns

DELIVERED ON:

31 July 2006

DELIVERED AT:

Cairns

HEARING DATE:

Submissions in writing

JUDGE:

Jones J

ORDER:

Costs reserved

CATCHWORDS:

COUNSEL:

Mr R Morton for the applicants
Mr G Baulch SC for the respondent

SOLICITORS:

McInnes Wilson for the applicants
Williams Graham & Carman for the respondent

  1. When handing down my decision on 9 June 2006 dismissing the application for judgment by the first, second and third defendants (“the defendants”), I reserved the question of costs to allow the parties to make written submissions.  Submissions were received on or about 23 June 2006.

  1. However, before I could make a decision on the issue of costs a Notice of Appeal was filed on behalf of the defendants.  The orders sought on appeal included:-

(a)        …

(b) that the respondent’s amended Statement of Claim against the first appellant, second appellant and third appellant be struck out;
(c) that the appellants have judgment against the respondent in the action;
(d) that the respondent pay the appellants’ costs of and incidental to this appeal, and to the proceeding below.

  1. The question arises whether I should continue to decide the issue of costs in the knowledge that the substantive point in dispute is under review.  The possible outcomes of the appeal will, in all likelihood, determine which of the parties should pay the costs, not only of the appeal, but also of this application.  If, for any reason, the issue of costs remains for my determination there is no difficulty in its being remitted by the Court of Appeal to be determined in accordance with its ruling. 

  1. This being the case, I propose to simply reserve the question of costs until the outcome of the appeal is known.

Order:

1.   Costs reserved.

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