Arnold Electrical and Data Installations P/L v Logan Area Group Apprencticeship/Traineeship Ltd [2007] QDC 381

1 [2007] QDC 381 DISTRICT COURT APPELLATE JURISDICTION JUDGE O'BRIEN ARNOLD ELECTRICAL AND DATA INSTALLATIONS PROPRIETARY LIMITED Appellant and LOGAN AREA GROUP APPRENTICESHIP/ TRAINEESHIP LIMITED TRADING AS GROUP TRAINING AUSTRALIA BRISBANE Respondent BRISBANE ..DATE 20/12/2007 ORDER -- 1 of 2 -- 2 ORDER HIS HONOUR: I accept that jurisdiction exists to make an award of costs in favour of a defendant who has bettered an order made to a plaintiff, however in this case, given the date of the offer and given the subsequent institution of the counter claim, I accept the submission for the respondent that it would not be appropriate here to order costs on an indemnity basis. Having regard to these matters and to the nature of the issues involved both below and on appeal, I consider a just order to be this. I order that the respondent should pay the appellant's costs of an incidental to the appeal and of an incidental to the proceeding below on the standard basis provided that the appellant is not entitled to any of its costs referrable only to the counter claim either at first instance or on appeal. ----- -- 2 of 2 --