Mark Robertson KC with Florence Chen represented the Appellant instructed by Small Myer Hughes Lawyers for the appellant.
The judgment concerned a previous judgment in which a determination was made to separate questions pursuant to r 483 of the Uniform Civil Proceedings Rules 1999 (Qld (UCPR).
The appellant submitted that the outcome of the determination of the separate questions was not an “event” for the purposes of r 681 of the UCPR and that they ought not bear the burden of costs incurred by the Commissioner in assisting the court’s independent determination of its own jurisdiction.
However, the court held that the circumstances of the case were not of rare and exceptional character that might justify a departure from the usual rule as to costs and ordered the Appellant to pay the Respondent’s costs of and incidental to the appeal, including any reserved costs, to be assessed on the standard basis if not agreed.
The judgment can be read by clicking here
