In an earlier post, we announced that Thomson Geer successfully acted for Pro-invest Australian Hospitality Opportunity (ST) Pty Ltd (as trustee) in defending a $6.1 million Supreme Court of Queensland proceeding commenced by contractor Built Qld Pty Ltd.

In a further development, on 22 April 2022, the Supreme Court of Queensland delivered judgment with respect to the question of costs of the proceeding with Pro-invest again obtaining a successful result.

Her Honour Justice Williams held that both of Pro-invest’s offers to settle made on 21 June 2018 were operative, and therefore ordered that Built pay Pro-invest’s costs, on the indemnity basis, from 21 June 2018 onwards.

Although a formal costs assessment has not occurred, it is likely that this result will mean that Pro-invest will recover millions in costs incurred defending the proceeding commenced by Built.  Partner Andrew Kelly said, “We are thrilled to obtain yet another successful outcome for the team at Pro-invest”.

The decision also represents a valuable authority with respect to the question of costs.

The Thomson Geer team was led by Andrew, supported by associate Samuel Speechly and lawyer Sam Lenz.

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