University of Queensland v Y

[2020] QCA 293

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

1. 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.

2. 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.

3. 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.