University of Queensland v Y

SUPREME COURT OF QUEENSLAND

CITATION:

University of Queensland & Anor v Y [2020] QCA 293

PARTIES:

UNIVERSITY OF QUEENSLAND
(first appellant)
DISCIPLINARY BOARD OF THE UNIVERSITY OF QUEENSLAND
(second appellant)
v
Y
(respondent)

FILE NO/S:

Appeal No 13319 of 2019
SC No 10347 of 2019

DIVISION:

Court of Appeal

PROCEEDING:

General Civil Appeal – Further Order

ORIGINATING COURT:

Supreme Court at Brisbane – [2019] QSC 282 (Lyons SJA)

DELIVERED ON:

18 December 2020

DELIVERED AT:

Brisbane

HEARING DATE:

Heard on the papers

JUDGES:

McMurdo and Mullins JJA and Boddice J

ORDERS:

1. The order for costs made in the Trial Division on 21 November 2019 be set aside.

2. There be no order as to costs in the Trial Division or of this appeal.

CATCHWORDS:

PROCEDURE – CIVIL PROCEEDINGS IN STATE AND TERRITORY COURTS – COSTS – GENERAL RULE: COSTS FOLLOW EVENT – GENERAL PRINCIPLES AND EXERCISE OF DISCRETION – where the Court dismissed the appeal although it disagreed with the reasoning of the primary judge – where neither party seeks an order for costs of the appeal, or of the proceeding in the Trial Division – whether the order for costs made by the trial judge should be set aside

University of Queensland & Anor v Y[2020] QCA 216, related

COUNSEL:

D Kelly QC, with D Marckwald, for the appellants
No submission by counsel for the respondent

SOLICITORS:

Corrs Chambers Westgarth for the appellants
Mulcahy Ryan Lawyers for the respondent

THE COURT: In this case, the Court dismissed the appeal although it disagreed with the reasoning of the primary judge. The appeal was dismissed because between the date of the primary judgment and the hearing of the appeal, the respondent had ceased to be subject to the disciplinary process which the appellants had pursued.[1]
[1]University of Queensland & Anor v Y [2020] QCA 216.
The parties were asked to make submissions as to costs. They are now agreed on what should happen in that respect. Neither party seeks an order for costs of the appeal, or of the proceeding in the Trial Division. The primary judge ordered the appellants to pay the costs of the proceeding in the Trial Division. To give effect to the parties’ agreement, that order should be set aside.
It will be ordered that:
1.The order for costs made in the Trial Division on 21 November 2019 be set aside.
2.There be no order as to costs in the Trial Division or of this appeal.

CaseChat Overview and Summary

The case before the court involved the University of Queensland and an individual identified as Y. The central dispute pertained to an order for costs that had been made by the trial judge on 21 November 2019, following a decision in the Trial Division. The University of Queensland was appealing the costs order, seeking its dismissal. Notably, neither party was requesting an order for the costs of the appeal or of the proceeding in the Trial Division. The court was tasked with determining whether the order for costs made by the trial judge should be set aside, given the absence of any application from either party regarding costs.

The primary legal issue before the court was whether to set aside the costs order made by the trial judge, despite the court's disagreement with the trial judge's reasoning, and in light of neither party seeking an order for costs. This required the court to consider the general principles governing costs in civil proceedings, particularly the principle that costs generally follow the event, and to exercise its discretion in a manner that was just and equitable under the circumstances.

The court concluded that it was appropriate to set aside the order for costs made in the Trial Division. The court reasoned that while it disagreed with the trial judge's reasoning, there was no application from either party for costs in the Trial Division or in the appeal. The court's decision to set aside the costs order was based on the fact that neither party had sought an order for costs, and the court's discretion to make such an order was not invoked. Consequently, the court ordered that the costs order made by the trial judge be set aside and that there be no order as to costs in the Trial Division or of this appeal.

Orders of the court

1. The order for costs made in the Trial Division on 21 November 2019 be set aside.

2. There be no order as to costs in the Trial Division or of this appeal.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established

CITATION:	University of Queensland & Anor v Y [2020] QCA 293
PARTIES:	UNIVERSITY OF QUEENSLAND (first appellant) DISCIPLINARY BOARD OF THE UNIVERSITY OF QUEENSLAND (second appellant) v Y (respondent)
FILE NO/S:	Appeal No 13319 of 2019 SC No 10347 of 2019
DIVISION:	Court of Appeal
PROCEEDING:	General Civil Appeal – Further Order
ORIGINATING COURT:	Supreme Court at Brisbane – [2019] QSC 282 (Lyons SJA)
DELIVERED ON:	18 December 2020
DELIVERED AT:	Brisbane
HEARING DATE:	Heard on the papers
JUDGES:	McMurdo and Mullins JJA and Boddice J
ORDERS:	1. The order for costs made in the Trial Division on 21 November 2019 be set aside. 2. There be no order as to costs in the Trial Division or of this appeal.
CATCHWORDS:	PROCEDURE – CIVIL PROCEEDINGS IN STATE AND TERRITORY COURTS – COSTS – GENERAL RULE: COSTS FOLLOW EVENT – GENERAL PRINCIPLES AND EXERCISE OF DISCRETION – where the Court dismissed the appeal although it disagreed with the reasoning of the primary judge – where neither party seeks an order for costs of the appeal, or of the proceeding in the Trial Division – whether the order for costs made by the trial judge should be set aside University of Queensland & Anor v Y[2020] QCA 216, related
COUNSEL:	D Kelly QC, with D Marckwald, for the appellants No submission by counsel for the respondent
SOLICITORS:	Corrs Chambers Westgarth for the appellants Mulcahy Ryan Lawyers for the respondent