Thompson v Cavalier King Charles Spaniel Rescue (Qld) Inc (No 2)

The case of Thompson v Cavalier King Charles Spaniel Rescue (Qld) Inc (No 2) involved the plaintiff, Mr Thompson, suing the first defendant, Cavalier King Charles Spaniel Rescue (Qld) Inc, and two other defendants over a dispute related to the sale of a dog. The matter was heard in the District Court of Queensland. The first defendant made an application to strike out certain parts of Mr Thompson's statement of claim, which it successfully achieved. Following this success, the first defendant sought its costs on the standard basis, except for the costs of an adjournment of the application, which it sought on the indemnity basis.

The central legal issue before the court was whether the first defendant was entitled to its costs on the standard basis, including the costs of the adjournment on the indemnity basis. The plaintiff argued that the first defendant's application was delayed, and the doctrine of res judicata barred the first defendant from proceeding with the application. Consequently, the plaintiff contended that the costs should not follow the event.

The court found that the first defendant was entitled to its costs on the standard basis, as it had been successful in its application to strike out parts of Mr Thompson's statement of claim. However, the court determined that the costs of the adjournment should be paid on the indemnity basis. The court concluded that the first defendant's delay in making the application did not negate its success, and thus the general principle that costs follow the event applied. Furthermore, the court found that the doctrine of res judicata did not bar the first defendant from proceeding with the application, as the issues raised were distinct from those in previous proceedings.

The court ordered that Mr Thompson pay the first defendant's costs of the application, including the costs reserved by Williams J on 4 March 2020, on the standard basis. Additionally, the court ordered that the costs of the adjournment be paid on the indemnity basis.