In the case Doctors of Optimization Pty Ltd v MPA Engineering Pty Ltd (Subsidiary of Aquatec Maxcon Group Ltd) [2024] QCA 61, the Queensland Court of Appeal dealt with an appeal concerning the awarding of costs on an indemnity basis to MPA Engineering Pty Ltd following an unsuccessful appeal by Doctors of Optimization Pty Ltd. The core issue revolved around the appellant's refusal to dismiss the appeal despite being advised of its likely failure, leading to the court's decision to award costs on an indemnity basis not only against the company but also personally against its sole director, Dr Waqqis Ahmad. This case highlights the court's readiness to impose personal costs against directors in situations where appeals are considered imprudent or where the director has played an active role in the litigation, and the appellant company is perceived as a 'man of straw'.
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