BRB Modular Pty Ltd v AWX Constructions Pty Ltd (No 2) (QSC) - costs - first respondent to pay half of successful applicant’s costs of hearing of application for interlocutory injunction |
Summaries With Link (Five Minute Read) |
BRB Modular Pty Ltd v AWX Constructions Pty Ltd (No 2) [2015] QSC 228 Supreme Court of Queensland Applegarth J Costs - Court dismissed applicant’s originating application and ordered it to pay first respondent’s costs of proceedings other than reserved costs of hearing of applicant’s application for an interlocutory injunction - applicant argued it should have costs order in its favour in respect of its application in which it was successful - first respondent described relevant ‘event’ as disposition of substantive proceeding, not application for interlocutory relief, and sought that applicant pay its costs - r681(1) Uniform Civil Procedure Rules 1999 (Qld) - held: having regard to course of interlocutory application, reasonableness of first respondent’s resistance, judge’s primary considerations in granting injunction and applicant’s success, Court considered appropriate that first respondent pay one half of applicant’s costs of and incidental to hearing. BRB
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