Velvet Glove Holdings Pty Ltd v Mount Isa Mines Ltd Summary

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

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.

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.

CaseChat Overview and Summary

The case before the court involved an appeal by Velvet Glove Holdings Pty Ltd against a decision rendered in the Supreme Court of Queensland. The primary dispute centred around the costs incurred during the appeals process. Mount Isa Mines Ltd, the respondent, had originally been awarded costs in the lower court, but the subsequent appeal did not include an order regarding these costs. Both parties subsequently submitted a joint request to the court, asking that the costs of the appeals be determined based on the outcome of the case, in line with their agreement.

The central legal issue was whether the court should make an order regarding the costs of the appeals, given the joint submission by the parties that these costs should follow the event. The court needed to consider the procedural context and the appropriate exercise of its discretion in light of the joint application and the general principles governing costs in appellate proceedings.

In addressing the issue, the court emphasised the importance of the parties' joint submission and the principle that costs should follow the event. The court found that the joint submission provided a clear and reasonable basis for determining the costs. It acknowledged the parties' agreement as a factor in its decision-making process and concluded that making an order in accordance with the joint submission was appropriate. The court exercised its discretion to make the order, thereby ensuring that the costs of the appeals were allocated in a manner consistent with the outcome of the case.

The final orders of the court were that the costs of the appeals were to be determined in accordance with the joint submission by the parties, with the costs to follow the event. This decision effectively resolved the dispute over the allocation of costs, providing clarity and finality to the matter.

Velvet Glove Holdings Pty Ltd v Mount Isa Mines Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established

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