FW Aviation (Holdings) 1 Limited v VietJet Aviation Joint Stock Company (No 2) [2026] QSC 71

SUPREME COURT OF QUEENSLAND CITATION: FW Aviation (Holdings) 1 Limited v VietJet Aviation Joint Stock Company (No 2) [2026] QSC 71 PARTIES: FW AVIATION (HOLDINGS) 1 LIMITED (JERSEY COMPANY NO. 138927) (applicant) v VIETJET AVIATION JOINT STOCK COMPANY (VIETNAMESE ENTERPRISE CODE NO. 0102325399) (respondent) FILE NO/S: BS No 2974 of 2025 DIVISION: Trial Division PROCEEDING: Application ORIGINATING COURT: Supreme Court at Brisbane DELIVERED ON: 16 April 2026 DELIVERED AT: Brisbane HEARING DATE: On the papers JUDGE: McCafferty J ORDER: 1. The respondent is to pay the applicant’s costs of the application filed on 8 September 2025. CATCHWORDS: PROCEDURE — CIVIL PROCEEDINGS IN STATE AND TERRITORY COURTS — COSTS — GENERAL RULE: COSTS FOLLOW EVENT — GENERAL PRINCIPLES AND EXERCISE OF DISCRETION — where the respondent’s application was dismissed — where the parties were directed to confer on the issue of costs and provide submissions to chambers for determination on the papers if unable to agree — where the applicant seeks costs on the standard basis as per usual practice where costs follow the event — where the respondent made no submissions — whether costs should follow the event Uniform Civil Procedure Rules 1999 (Qld), r 681 COUNSEL: C J Jennings KC with H E P Clift for the applicant P A Ahern KC with B McKenna for the respondent SOLICITORS: Arnold Bloch Leibler for the applicant Clayton Utz for the respondent -- 1 of 2 -- [1] On 2 April 2026, the Court dismissed the respondent’s application and directed the parties, if they were unable to agree, to provide submissions on costs. [2] The applicant has provided submissions. It seeks the usual order for costs in accordance with r 681 of the Uniform Civil Procedure Rules 1999 (Qld), namely, that costs should follow the event. The respondent has not provided submissions as directed. As a courtesy to the Court, Senior Counsel retained indicated that the respondent has not provided instructions to consent or oppose the costs orders sought by the applicant. [3] In the absence of any submission from the respondent as to why costs should not follow the event, it is ordered that the respondent is to pay the applicant’s costs of the application filed on 8 September 2025. -- 2 of 2 --