Thomas v Balanced Securities Limited

[2011] QCA 275

SUPREME COURT OF QUEENSLAND

CITATION:	Thomas v Balanced Securities Limited [2011] QCA 275
PARTIES:	DAVID LIONEL THOMAS (appellant) v BALANCED SECURITIES LIMITED ACN 083 514 685 (respondent)
FILE NO/S:	Appeal No 10588 of 2010 DC No 1453 of 2010
DIVISION:	Court of Appeal
PROCEEDING:	General Civil Appeal – Further Order
ORIGINATING COURT:	District Court at Brisbane
DELIVERED ON:	Judgment delivered 27 September 2011 Further order delivered 7 October 2011
DELIVERED AT:	Brisbane
HEARING DATE:	Heard on the papers
JUDGES:	White JA, Margaret Wilson AJA and Martin J Judgment of the Court
ORDER:	The appellant pay the respondent’s costs assessed on the standard basis.
CATCHWORDS:	PROCEDURE – COSTS – DEPARTING FROM THE GENERAL RULE – ORDER FOR COSTS ON INDEMNITY BASIS – where appellant ordered to pay respondent’s costs on standard basis – where parties elected not to make written submissions on costs
COUNSEL:	No appearance for the appellant No appearance for the respondent
SOLICITORS:	Piper Alderman for the appellant Elliott May Lawyers for the respondent

1. THE COURT:  On 27 September 2011 orders were made in this appeal including an order that the appellant pay the respondent’s costs assessed on the standard basis.  When judgment was delivered and the reasons published the court was asked to permit written submissions as to whether costs should be assessed on the standard or indemnity basis.  Consequently, the order about costs was vacated and orders facilitating those submissions were made. 

1. The court has been informed that no further submissions are sought to be made seeking a different order than that which had been pronounced on 27 September 2011.  Accordingly, that order is reinstated and the order about the costs of the appeal is:

The appellant pay the respondent’s costs assessed on the standard basis.