Chavez v Moreton Bay Regional Council [2009] QCA 372

SUPREME COURT OF QUEENSLAND CITATION: Chavez v Moreton Bay Regional Council [2009] QCA 372 PARTIES: CHESTER GORDON CHAVEZ (plaintiff/appellant) v MORETON BAY REGIONAL COUNCIL (defendant/respondent) FILE NO/S: Appeal No 7753 of 2009 SC No 10727 of 2003 DIVISION: Court of Appeal PROCEEDING: Miscellaneous Application – Further Order ORIGINATING COURT: Supreme Court at Brisbane DELIVERED ON: 4 December 2009 DELIVERED AT: Brisbane HEARING DATE: Heard on the papers JUDGES: Keane and Holmes JJA and McMeekin J Judgment of the Court FURTHER ORDER: Appellant to pay the respondent's costs of the appeal to be assessed on the standard basis CATCHWORDS: PROCEDURE – COSTS – GENERAL RULE - COSTS FOLLOW THE EVENT – COSTS OF WHOLE ACTION – GENERALLY – where appellant unsuccessful on appeal – where respondent argued costs should follow the event – where appellant did not submit to the contrary – whether costs should be awarded Chavez v Moreton Bay Regional Council [2009] QCA 348, cited COUNSEL: P J Dunning SC, with T F Pincus, for the appellant T S Sullivan SC, with R G Fryberg, for the respondent SOLICITORS: Everingham Lawyers for the appellant McInnes Wilson Lawyers for the respondent [1] THE COURT: On 6 November 2009 this Court delivered its judgment dismissing Mr Chavez' appeal.1 The Council now seeks an order that Mr Chavez pay the Council's costs of the appeal to be assessed on the standard basis. 1 Chavez v Moreton Bay Regional Council [2009] QCA 348. -- 1 of 2 -- 2 [2] The Council argues that costs should follow the event. No submission to the contrary is made on Mr Chavez' behalf. [3] Accordingly, it is ordered that the appellant pay the respondent's costs of the appeal to be assessed on the standard basis. -- 2 of 2 --