Response to Queensland Court of Appeal Decision costs order
16th February 2022
The statement below can be attributed to a North Queensland Export Terminal (NQXT) spokesperson:
“NQXT welcomes yesterday’s costs orders by the Court of Appeal.
“The orders follow the Court of Appeal’s findings in August 2021 in favour of NQXT on the matters of disputed terminal handling charges and alleged unconscionable conduct.
“The orders deal with the costs of the original trial in 2020 and the appeal hearing in 2021 and reflect NQXT’s substantial success before the Court of Appeal.
“The orders require the respondent users to pay 90 per cent of NQXT’s costs incurred in the original trial and a further 95 per cent of NQXT’s costs of the successful appeal.
“We look forward to the finalisation of this matter.”
ENDS
Editors’ notes
The full costs order judgement can be accessed here: https://www.sclqld.org.au/caselaw/QCA/2022/16
The full appeal judgement can be accessed here: https://www.sclqld.org.au/caselaw/QCA/2021/187
About North Queensland Export Terminal
North Queensland Export Terminal (previously known as Adani Abbot Point Terminal Pty Ltd) is a deep-water export terminal with a nameplate capacity of 50 million tonnes per annum near Bowen, in North Queensland. The terminal has been operating safely for 35 years. Adani acquired the 99-year leasehold of the terminal from the Queensland Government in 2011.
Background to the dispute
North Queensland Export Terminal successfully appealed a decision made in the Supreme Court in August 2020 in relation to a contractual dispute regarding port handling charges. The appeal was lodged on 23 September 2020.