Blue Moon Grill Pty Ltd v Yorkey's Knob Boating Club Inc [2005] QSC 266

State Reporting Bureau jios] OSC 2bG Queensland Government Department of Justice and Attorney-General Transcript of Proceedings Copyright in this transcript is vested in the Crown. Copies thereof must not be made or sold without the written authority )f the Director, State Reporting Bureau. SUPREME COURT OF QUEENSLAND CIVIL JURISDICTION JONES J REVISED COPIES ISSUED State Reporting Bureau Date: 6 September, 2005 No 209 of 2005 BLUE MOON GRILL PTY LTD Plaintiff and YORKEYS KNOB BOATING CLUB INC Defendant CAIRNS ..DATE 02/09/2005 JUDGMENT ARNING: The publication of Information or details likely to lead to the identification of persons in some proceedings is a criminal fence. This is so particularly in relation to the identification of children who are involved in criminal proceedings or proceedings for eir protection under the Child Protection Act 1999, and complainants in criminal sexual offences, but is not limited to those itegories. You may wish to seek legal advice before giving others access to the details of any person named in these proceedings. 1 Floor, The Law Courts, George Street, Brisbane, Q. 4000 Telephone: (07) 3247 4360 Fax: (07) 3247 5532 -- 1 of 2 -- 1 02092005 D.l T2/VJJ M/T CNS1/2005 (Jones J) HIS HONOUR: This is my ruling on the question of costs for which the parties have each given written submission. The applicant, having been successful on the substantive issue raised by the application, seeks costs of that application. The respondent (plaintiff) argues that as there were other 1C issues to be determined, the costs of the application should be reserved for consideration at the conclusion of the whole proceeding. The preliminary determination of this issue was undertaken to 2C facilitate the identification of the scope of the matters in dispute. To that end it should assist in the early resolution of the other matters resulting in some savings in the cost of a trial. However the issue was one that could be and was conveniently dealt with as a discrete point. 3C For that reason I order that the costs should follow the event, but be limited to the costs of preparing, filing and serving the material necessary for the appearances in the Court. I order, therefore, that the plaintiff pay the 4C defendant's costs of and incidental to the preparing, filing and serving and appearing in Court on the application. §C 2 JUDGMENT -- 2 of 2 --