Watkin v GRM International P/L

Case [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.

Details
AGLC
Watkin v GRM International P/L [2006] QCA 408
Case
[2006] QCA 408
Decision Date

CaseChat Overview and Summary

The appellant, Watkin, sought relief against the respondent, GRM International P/L, in the context of an appeal regarding the assessment of costs. The nature of the dispute centred on the application of the general rule that costs follow the event, particularly in relation to whether the successful party in an appeal should be awarded costs in that appeal.

The central legal issue before the court was whether the successful appellant in an appeal should be awarded costs in that appeal. This involved a consideration of the general rule that costs follow the event, and the circumstances under which costs may be awarded in an appeal.

The court examined the principle that costs generally follow the event, which means the party who is successful in a proceeding is typically entitled to costs. However, the court also recognised exceptions to this rule, particularly in appellate proceedings where the circumstances may warrant a deviation from the general principle. In this case, the court determined that the successful appellant should be awarded costs in the appeal, as it was just and equitable to do so given the nature of the proceedings and the outcome. The court acknowledged the importance of ensuring that the successful party is not disadvantaged by the costs of litigation, even in appellate contexts.

The court ordered that the respondent, GRM International P/L, pay the appellant's costs of and incidental to the appeal. These costs were to be assessed in accordance with the relevant provisions of the law.

Orders

Orders of the court

Respondent to pay appellant's costs of and incidental to the appeal to be assessed

Background

Background to the litigation

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Evidence

Evidence Before The Court

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Decision

Reasons for decision

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Ratio Decidendi

Legal Principle Established

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