Velvet Glove Holdings Pty Ltd v Mount Isa Mines Ltd

[2011] QCA 335

SUPREME COURT OF QUEENSLAND

CITATION:

Velvet Glove Holdings Pty Ltd v Mount Isa Mines Ltd [2011] QCA 335

PARTIES:

VELVET GLOVE HOLDINGS PTY LTD
ACN 057 851 788
(appellant)
v
MOUNT ISA MINES LIMITED
ACN 009 661 447
(respondent)

FILE NO/S:

Appeal No 4418 of 2011
Appeal No 5769 of 2011
SC No 5306 of 2009

DIVISION:

Court of Appeal

PROCEEDING:

General Civil Appeal – Further Orders

ORIGINATING COURT:

Supreme Court at Brisbane

DELIVERED ON:

Judgment delivered 4 November 2011
Further Orders delivered 24 November 2011

DELIVERED AT:

Brisbane

HEARING DATE:

Heard on the papers

JUDGES:

Fraser and White JJA and Philippides J
Judgment of the Court

FURTHER ORDERS:

1.    The appellant pay the respondent’s costs of and incidental to Appeal No 4418 of 2011 to be assessed on the standard basis.

2.    The respondent pay the appellant’s costs of and incidental to Appeal No 5769 of 2011 to be assessed on the standard basis.

CATCHWORDS:

APPEAL AND NEW TRIAL – APPEAL - PRACTICE AND PROCEDURE – QUEENSLAND – POWERS OF COURT – COSTS – where judgment in the appeals was given without an order as to costs of the appeals – where the parties filed a joint submission that the costs of the appeals should follow the event – whether an order to that effect should be made

COUNSEL:

No appearance by the appellant, the appellant’s submissions were heard on the papers
No appearance by the respondent, the respondent’s submissions were heard on the papers

SOLICITORS:

Hopgood Ganim Lawyers for the appellant
Carter Newell for the respondent

1. THE COURT: Judgment in these appeals was delivered on 4 November 2011.  The parties have now lodged a joint written submission as to the costs of the appeals, pursuant to paragraph 52 of Supreme Court Practice Direction No 2 of 2010.  The orders sought by both parties accord with the general rule that costs should follow the event unless the Court orders otherwise. 

1. The orders of the Court therefore are:

1.     The appellant pay the respondent’s costs of and incidental to Appeal No 4418 of 2011 to be assessed on the standard basis;

2.     The respondent pay the appellant’s costs of and incidental to Appeal No 5769 of 2011 to be assessed on the standard basis.