Watkin v GRM International P/L

[2006] QCA 408

SUPREME COURT OF QUEENSLAND

CITATION:	Watkin v GRM International P/L [2006] QCA 408
PARTIES:	ANTHONY VAUGHN WATKIN (applicant/respondent) v GRM INTERNATIONAL PTY LTD ACN 010 020 201 (respondent/appellant)
FILE NO/S:	Appeal No 3815 of 2006 SC No 1341 of 2005
DIVISION:	Court of Appeal
PROCEEDING:	General Civil Appeal - Further Order
ORIGINATING COURT:	Supreme Court at Brisbane
DELIVERED ON:	Judgment delivered 29 September 2006 Further Order delivered 20 October 2006
DELIVERED AT:	Brisbane
HEARING DATE:	8 September 2006
JUDGES:	McMurdo P, Keane JA and Cullinane J Further Order of the Court
ORDER:	Respondent to pay appellant's costs of and incidental to the appeal to be assessed
CATCHWORDS:	PROCEDURE - COSTS - GENERAL RULE-COSTS FOLLOW THE EVENT - whether the successful appellant should be awarded costs in the appeal
COUNSEL:	D O J North SC, with S S Monks, for the appellant R J Lynch for the respondent
SOLICITORS:	Minter Ellison - Gold Coast for the appellant Gouldson Legal for the respondent

1. THE COURT:  On 29 September 2006 this Court delivered its reasons for judgment in this matter allowing the appeal, setting aside the orders made in the Trial Division and instead ordering that the respondent's application be dismissed with costs.

1. The appellant submits that in the light of its success it should have the costs of the appeal which it sought in its notice of appeal.  The usual order is that a successful appellant has its costs of the appeal.  The respondent makes no contrary submissions.

1. The further order is that the respondent pay the appellant's costs of and incidental to the appeal to be assessed.