QLDQCA
Walz Construction Co P/L v ASP Ship Management
[2002] QCA 155
Court of Appeal (Qld)|2002-05-03|Before: McMurdo P, Davies JA and Ambrose JFurther Order of, the Court
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Source factsCourt
Court of Appeal (Qld)
Decision date
2002-05-03
Before
McMurdo P, Davies JA and Ambrose JFurther Order of, the Court
Catchwords
- APPEAL AND NEW TRIAL – APPEAL – PRACTICE AND PROCEDURE –
- QUEENSLAND – POWERS OF COURT – COSTS –
- where judgment
- delivered – where further submissions made as to costs – where
Source
Original judgment source is linked above.
Catchwords
APPEAL AND NEW TRIAL – APPEAL – PRACTICE AND PROCEDURE –QUEENSLAND – POWERS OF COURT – COSTS –where judgmentdelivered – where further submissions made as to costs – whereapportionment of negligence on appeal alteredin favour of the third respondent- where third respondent made appellant an offer to settle the appeal and crossappeal –where offer made by the third respondent was more favourable tothe appellant than that resulting from the appeal – where courtsencouragethe acceptance of realistic offers to settle appeals through the exercise ofdiscretion to award costsAPPEAL AND NEW TRIAL – APPEAL – PRACTICE AND PROCEDURE –QUEENSLAND – POWERS OF COURT – COSTS –where apportionment onappeal meant the judgment for the appellant against the third respondent isbarely within the lower limitof the District Court’s monetaryjurisdiction – where r 698 UCPR requires that costs be assessed as if the