Damian Clothier KC, Matthew Doyle and Jonathan Hohl appeared for the applicant, instructed by Corrs Chambers Westgarth.
This judgment concerns the issue of costs owed to the applicant, BUMA, following Freeburn J awarding it a total of $32,052,279 under the Contract Mining Agreement in BUMA Australia Pty Ltd v Queensland Power Company Pty Ltd (2025) QSC 338. The applicant sought its costs on an indemnity basis from the day after it made a Calderbank offer which was more favourable to the respondent than the court’s judgment, but that the respondent nonetheless rejected. The respondent argued that BUMA’s costs should be assessed pursuant to the standard principle of ‘costs follow the event’ in rule 681(1) of the Uniform Civil Procedure Rules 1999 (Qld). Freeburn J held that the respondent’s rejection of the applicant’s Calderbank offer justifies a departure from the usual rule that costs are awarded on the standard basis. As such, his Honour ordered that the respondent pay the applicant’s costs of the proceeding on the standard basis up to and including the day of the Calderbank offer, and thereafter on an indemnity basis.
The judgment can be read by clicking here
