5210LAW Lecture Notes - Lecture 7: Inherent Jurisdiction, Judgment Debtor, Multinational Corporation
1. AFTER TRIAL
1.1. Costs – Jurisdiction
- Historically:
oat common law no inherent jurisdiction to award costs.
oin equity, inherent jurisdiction to award costs, which was exercised so loser
paid the winner’s costs.
- Today:
oCourt has jurisdiction under statute and UCPR to make whatever order as to
costs that is fair.
1.2. Costs – General Rule
- The general rule is that ‘costs follow the event’: r 681.
- This means that, in general, the loser pays the winner’s costs.
-Rule 681 is a discretionary one, so that the court may take a different approach
where circumstances demand this.
-EXCEPTIONS
oSelf-represented party: Cachia v Hanes (1994) 179 CLR 403.
Argued that couldn’t afford it, couldn’t afford solicitor so shows
couldn’t pay. Multinational corporation was other party so court decided
that the self represented party didn’t have to pay costs even though they
should have
oPublic interest party: Oshlack v Richmond River Council (1998) 193 CLR 72.
If group acting in public interest and they lose then generally costs
wont be awarded against them
oLawyer liable for costs if pointless litigation Martinovic v Chief Executive,
Queensland Transport [2005] 1 Qd R 502
Martinovic and his client brought frivolous claims and lost. Client
went bankrupt and so argued the lawyer should have known it was frivolous
so the lawyer had to pay costs for the pointless litigation
1.3. Costs – multiple parties/actions
- Multiple actions:
owhat if there is a claim and counterclaim?
- Multiple parties:
owhat if plaintiff is successful against one defendant but unsuccessful against
the other?
Plaintiff pays successful defendant, with an indemnity provided by
the unsuccessful defendant (Bullock order)
Unsuccessful defendant pays the costs of the plaintiff and the costs
of the successful defendant (Sanderson order)
Plaintiff only gets costs as against unsuccessful defendant, and pays
costs of successful defendant.
1.4. Costs – level
- In Queensland, costs are awarded on one of two bases – standard basis or
indemnity basis.
- An award of costs on the standard basis (‘party and party’ costs) is the default
position (50-60% actual cost): see r 702.
- In special circumstances, costs may be awarded on an indemnity basis (85-90%
actual costs) (‘solicitor and own client costs’): r 703.
find more resources at oneclass.com
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Document Summary
Historically: o o at common law no inherent jurisdiction to award costs. in equity, inherent jurisdiction to award costs, which was exercised so loser paid the winner"s costs. Court has jurisdiction under statute and ucpr to make whatever order as to costs that is fair. The general rule is that costs follow the event": r 681. This means that, in general, the loser pays the winner"s costs. Rule 681 is a discretionary one, so that the court may take a different approach where circumstances demand this. Self-represented party: cachia v hanes (1994) 179 clr 403. Argued that couldn"t afford it, couldn"t afford solicitor so shows couldn"t pay. Multinational corporation was other party so court decided that the self represented party didn"t have to pay costs even though they should have. Public interest party: oshlack v richmond river council (1998) 193 clr 72. If group acting in public interest and they lose then generally costs wont be awarded against them.
