Spencer v Burton

The appeal in Spencer v Burton was between Spencer, the appellant, and Burton, the respondent. The appellant appealed the decision of the trial judge, which was subsequently remitted by the Court of Appeal to the trial division for re-trial by a different judge. The primary issues for the court were whether the respondent should pay the appellant's costs of the appeal on the standard basis, whether the costs of the appeal should be limited to the amount prescribed in section 14(1) of the Appeal Costs Fund Regulation 2010 (Qld), and whether an order should be made in relation to the costs of the first trial.

The court examined the principles governing costs in appeals and found that the appellant was entitled to costs on the standard basis as they were successful in their appeal. The court rejected the respondent's argument that the costs should be limited by the prescribed amount in the regulation, holding that the standard basis of costs was appropriate in this case. Regarding the costs of the first trial, the court set aside the previous order made by the primary judge and directed that the costs be determined by the new trial judge at the conclusion of the re-trial. The court also addressed the security for costs paid by the appellant and ruled that it, together with all accretions, should be paid to the appellant's solicitors. Lastly, the court granted the respondent an indemnity certificate in respect of the appeal under section 15(1) of the Appeal Costs Fund Act 1973 (Qld).

The final orders of the court were that the respondent pay the appellant's costs of and incidental to the appeal, including the costs of and incidental to the security for costs application, the application to adduce further evidence and the notice of contention, to be assessed on the standard basis. The sum of $10,000 paid into court by the appellant as security for the respondent's costs of the appeal together with all accretions thereon be paid to the solicitors for the appellant. The order of the primary judge made on 22 July 2014 that there be no orders as to costs of the first trial be set aside. The orders as to costs in respect of the first trial that took place in July 2013 and the re-trial be determined by the new trial judge at the conclusion of the re-trial. The respondent be granted an indemnity certificate pursuant to s 15(1) of the Appeal Costs Fund Act 1973 (Qld) in respect of the appeal.