In the case of XY v UV (No 2) [2024] QSC 283, the Supreme Court of Queensland addressed a dispute involving the applicability of costs following a mixed-outcome arbitration proceeding. The applicant, XY, sought relief from producing documents in a pending arbitration, claiming that section 5 of the Commercial Arbitration Act 2013 (Qld) displaced the court's jurisdiction. Conversely, the respondent, UV, requested a permanent stay if no jurisdiction displacement occurred. The court, however, ruled that its inherent jurisdiction was not displaced and dismissed XY's application, finding it inappropriate to grant the relief sought. In considering costs, the applicant argued for each party to bear its own costs due to mutual partial success on key issues. However, the court upheld the general principle that costs follow the event, ordering the applicant to pay the respondent's costs.
Full text: https://www.sclqld.org.au/caselaw/150669