Christopher Doyle appeared for the Respondent, instructed by Kilmartin Knyvett Lawyers.
The proceeding concerns a claim in nuisance. On the morning of the trial, the applicant requested an adjournment following objections to his expert evidence. That adjournment was ultimately granted by consent. The Court was asked to determine if that adjournment warranted a costs order on the indemnity basis under r 704(1) of the Uniform Civil Procedure Rules 1999 (Qld), and whether the matter should have proceeded by claim rather than original application under r 14(2).
In the end, the Court made orders that the applicant pay the respondent’s costs thrown away by reason of the adjournment on the standard basis.
The judgment can be read by clicking here
