Ban v The Public Trustee of Queensland [2015] QCA 68

SUPREME COURT OF QUEENSLAND CITATION: Ban v The Public Trustee of Queensland [2015] QCA 68 PARTIES: In Appeal No 4528 of 2014 HAJNAL DALIA BAN (appellant) v THE PUBLIC TRUSTEE OF QUEENSLAND (respondent) FILE NO/S: Appeal No 4528 of 2014 SC No 3401 of 2014 DIVISION: Court of Appeal PROCEEDING: General Civil Appeal – Further Order ORIGINATING COURT: Supreme Court at Brisbane DELIVERED ON: 24 April 2015 DELIVERED AT: Brisbane HEARING DATE: Heard on the papers JUDGES: Holmes, Gotterson and Morrison JJA Separate reasons for judgment of each member of the Court, each concurring as to the order made ORDER: The appellant pay the respondent’s costs, of and incidental to the appeal, to be assessed on the standard basis. CATCHWORDS: APPEAL AND NEW TRIAL – APPEAL PRACTICE AND PROCEDURE – QUEENSLAND – POWERS OF COURT – COSTS – where the appellant was unsuccessful on appeal – where the judgment of the court invited further submissions from the parties in relation to costs – where the respondent provided further submissions – where no further submissions were received from the appellant – whether costs should follow the event COUNSEL: No appearance by the appellant No appearance by the respondent, the respondent’s submissions were heard on the papers SOLICITORS: No appearance by the appellant Official Solicitor to the Public Trustee of Queensland for the respondent -- 1 of 2 -- 2 [1] HOLMES JA: I agree with the reasons of Morrison JA and the order he proposes. [2] GOTTERSON JA: I agree with the order proposed by Morrison JA and with the reasons given by his Honour. [3] MORRISON JA: On 24 February 2015 the Court delivered its reasons for dismissing the appeal in this matter. Submissions on the question of costs were invited. In the result only the Public Trustee has made submissions. [4] Ms Ban was unsuccessful in her appeal. In those circumstances the Public Trustee submits that costs should follow the event. [5] There is no reason why that course should not be followed. I would therefore order that the appellant pay the respondent’s costs, of and incidental to the appeal, to be assessed on the standard basis. -- 2 of 2 --