QLDQSC
Murphy & Ors v Gladstone Ports Corporation
[2019] QSC 30
Supreme Court of Queensland|2019-02-22|Before: Crow J
View original sourceAt a glance
Source factsCourt
Supreme Court of Queensland
Decision date
2019-02-22
Before
Crow J
Catchwords
- PROCEDURE – COSTS – GENERAL RULE – COSTS FOLLOW THE EVENT
- – DISCRETION - where defendant was successful in
- its security for costs
- application – where plaintiffs were successful in the significant issues
Source
Original judgment source is linked above.
Catchwords
PROCEDURE – COSTS – GENERAL RULE – COSTS FOLLOW THE EVENT– DISCRETION - where defendant was successful inits security for costsapplication – where plaintiffs were successful in the significant issuesto be litigated - whether costsof the application should be reserved
Judgment (1 paragraphs)
[1]
- [1] Pursuant to my judgment of 1 February 2019, the parties have provided written submissions as to the form of the orders. I will mark the submissions of the plaintiffs as Exhibit 1 and the submissions of the defendant as Exhibit 2.
- [2] The defendant accepts that the order proposed by the plaintiffs is appropriate with two exceptions.
- [3] The first exception is that the defendant submits there is no need for paragraph 6 of the plaintiffs' draft order as those amendments are, in any event, contained in categories 9 to 12 of the amended proposed document plan.
- [4] As by paragraph 5(a) of the order, disclosure is made in accordance with the document plan that is Schedule 1 to the order, and as the counsel for the defendant submits, the amendments the subject of paragraph 6 of the plaintiffs' order are already incorporated into the document plan, it is not necessary to make the orders in terms of Paragraph 6. Indeed, there is an inconsistency in ordering disclosure in accordance with the document plan which has already been amended to reflect the judgment of 1 February 2019, and including the further paragraph 6. Accordingly, I would delete paragraph 6 of the plaintiffs' draft order.