Since the HCA came to a different decision from the Qld Court of...

Since the HCA came to a different decision from the Qld Court of Appeal, it had to make changes the the orders made by the CofApp in order to get the matter back to the Land Court for rehearing. That is what is happening but as for costs in the CofApp the HCA decided that each party pay its own. That would reflect that Oakey did not have a win on all issues that it raised there. That costs order is better for NHC, and worse for Oakey’s lawyers, than an order that it pay Oakey’s costs there. NHC does have to pay Oakey’s costs in the HCA appeal.That does not necessarily mean that NHC will be paying all Oakey’s actual costs in the HCA, just what the HCA allows if parties can’t agree.