Court of Appeal

Walker v Symonds & Anor [2014] QCA 184 (13/12312) Holmes JA and Atkinson and Dalton JJ 5 August 2014

Full-text: QCA14-184.pdf


PROCEDURE – COSTS – GENERAL RULE – COSTS FOLLOW THE EVENT – COSTS OF THE WHOLE ACTION – GENERALLY – whether the respondent should pay the appellant’s costs of this appeal – whether the costs of the first trial should abide the result of the new trial

APPEAL AND NEW TRIAL – APPEAL – PRACTICE AND PROCEDURE – QUEENSLAND – APPEAL COSTS FUND – POWER TO GRANT INDEMNITY CERTIFICATE – WHEN GRANTED – where the appellant was the plaintiff in a personal injuries action – where the appellant succeeded in its appeal – where a new trial was ordered because the trial judge did not give proper reasons for decision – whether the respondents should be granted an indemnity certificate pursuant to s 15(1) of the Appeal Costs Fund Act 1973 (Qld)