QLD Court Ordered the Losing Parties to Pay Legal Cost - Recourse?

Discussion in 'Commercial Law Forum' started by Howdi123, 14 June 2018.

  1. Howdi123

    Howdi123 Active Member

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    Hi everyone. Hope you can share your knowledge for this...

    The Developer "A" and body corporate "B" jointly accused a third party and sue commercial builder company "C". The defendant wins the case as a result and the court order the accusing party to pay for their legal cost.

    "B" and "A" had agreed to split the cost 50% each. However, recently "A" said they don't have enough money to pay, so suddenly "B" is getting chased by the commercial builder to pay 100% of the legal cost.

    My question is, when the court ordered the losing parties to pay, is there any legal support to say the cost should be shared equally among the two parties?

    If we don't believe they don't have enough money as a reason. What else can body corporate "A" do to reduce our payment?

    Thanks all.
     
  2. Rod

    Rod Well-Known Member
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    C goes after whoever has the money. Leaving A & B to squabble over who pays how much.

    If there was an agreement for 50/50, then it is the party being short changed that can take the other to court.

    What doesn't happen is for C to chase the one not wanting to pay.
     
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    #2 Rod, 16 June 2018
    Last edited: 16 June 2018
  3. DMLegal

    DMLegal Well-Known Member

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    How was the 50/50 costs agreement done, was it written? Were A and B both parties in the case, or was A essentially letting B do the work - i.e. was the case name B v C or A & B v C?
     
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