Costs - UCPR rr 681 and 684

Jackson, Sheryl (2009) Costs - UCPR rr 681 and 684. Proctor, 29(5), pp. 55-56.

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Abstract

In BHP Coal Pty Ltd v K Orenstein & Koppel AG (No 2) [2009] QSC 64 McMurdo J considered the circumstances in which the ordinary rule under r 681 of the Uniform Civil Procedure Rules 1999 (Qld) (UCPR) that costs should follow the event should be departed from in favour of a party who was unsuccessful overall, but who succeeded on particular questions. When the court is satisfied that a departure from the usual order under r 681 of the UCPR is justified, it appears increasingly willing to exercise the power in r 684(2) to declare what percentage of costs was applicable to a particular issue

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ID Code: 58859
Item Type: Journal Article
Refereed: No
Keywords: costs, UCPR rr 681 and 684, apportionment of costs, indemnity costs
Subjects: Australian and New Zealand Standard Research Classification > LAW AND LEGAL STUDIES (180000) > LAW (180100) > Litigation Adjudication and Dispute Resolution (180123)
Divisions: Current > QUT Faculties and Divisions > Faculty of Law
Copyright Owner: Copyright 2009 Queensland Law Society
Deposited On: 03 Apr 2013 01:50
Last Modified: 24 Jul 2013 06:23

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