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Indemnity cost orders for overzealous applicants

Case note | Qld | July 2018 | Available for purchase & free for members

John Holland Pty Ltd v Adani Abbot Point Terminal Pty Ltd [2016] QSC 282; [2018] QSC 48

Overview

In John Holland Pty Ltd v Adani Abbot Point Terminal Pty Ltd (John Holland Judgment), the Queensland Supreme Court considered an application for leave to appeal an arbitration award under the now repealed Commercial Arbitration Act 1990 (Qld) (the Act). The application was dismissed on the basis that no errors of law were made out. Given the oppressive nature in which John Holland Pty Ltd (John Holland) filed its submissions, Justice Jackson in John Holland Pty Ltd v Adani Abbot Point Terminal Pty Ltd (No 2) (John Holland Cost Judgment) ordered John Holland pay the costs of Adani Abbot Point Terminal Pty Ltd (Adani) on an indemnity basis.

The authors note that John Holland would not have been able to seek leave to appeal the arbitration award under the current Commercial Arbitration Act 2013 (Qld) (2013 Act), without agreement to appeal from Adani. Section 34A(1) of the 2013 Act states that an appeal on a question of law arising from an award is only available where the parties agree that an appeal may be made and the Court grants leave.

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Thanks

We thank the authors of this case note Erika Williams and Bronte Hearn and the journal editor Russell Thirgood for their contribution to this journal.

Tags: Arbitration, Legal practice, Building and construction, Dispute handling administration