In the case of Greenall v Amaca Pty Ltd [No 2] [2024] QCA 169, the Supreme Court of Queensland's Court of Appeal delivered a decision regarding an appeal on costs. Philip Nigel Greenall, representing the estate of Walter Greenall, and Audrey Greenall, represented by her litigation guardian, appealed against Amaca Pty Ltd, formerly James Hardie & Co, and WorkCover Queensland. The appeal was related to a prior judgment that struck out parts of their wrongful death claim. The court upheld the primary judgment, confirming that sections 237(1) and (5) of the Workers' Compensation and Rehabilitation Act 2003 abolished the right to bring their claim against Amaca Pty Ltd. Subsequently, the court ordered the appellants to pay the costs incurred by the first respondent, Amaca Pty Ltd, in the appeal process. The court found no exceptional circumstances to deviate from the standard principle that the unsuccessful party pays the successful party's costs, despite the appellants' argument of exceptional public interest in the legal question and their good faith in pursuing the appeal.
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