Andrew O’Brien appeared for the first and second defendants, instructed by Corrs Chambers Westgarth.
Sam McCarthy (led by D O’Sullivan) represented the sixth defendant, instructed by Hall and Wilcox.
The primary issues considered were whether the plaintiff should bear the costs of two interlocutory applications, namely a leave to amend its pleadings and a disclosure application seeking privileged documents. The defendants sought costs on indemnity and standard bases, and some sought immediate assessment of costs thrown away pursuant to r 692(3) of the Uniform Civil Procedure Rules 1999 (Qld).
The court made orders requiring the plaintiff pay the defendant’s costs of the leave to amend application on the standard basis, as well as the first and second defendants’ costs of the disclosure application on the standard basis.
The court declined to award indemnity costs or to order immediate assessment of costs thrown away, finding no exceptional circumstances to depart from the default operation of r 692.
The judgment can be read by clicking here
