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Costs
Thomson v State of Queensland & Anor (No 2) [2019] QSC 115 Applegarth J The Supreme Court of Queensland has found that there was “no contest” that a defendant who was ordered to pay more than what was requested by reason of the plaintiff’s mandatory final offer should pay the plaintiff’s costs incurred in pursuing...
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Murphy & Ors v Gladstone Ports Corporation Ltd [2019] QSC 12 Crow J Facts [1] – [2] The three plaintiffs brought an action against the defendant in 2017 as the representative claimants in a representative action. The action alleges negligence in the design and construction of the bund wall for the Fisherman’s Landing Port Expansion...
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McDermott v Manley & Anor [2018] QSC 35 Mullins J Background The applicant was injured in a motor vehicle accident in December 2015. The second respondent, the compulsory third party insurer for the first respondent, participated in a compulsory conference with the applicant in January 2018. The parties were unable to reach a settlement and...
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Clarricoats v JJ Richards & Sons Pty Ltd (No 2) [2018] QSC 30 McMeekin J Background On 29 September 2017, McMeekin J gave judgement for the defendant dismissing the plaintiff’s claim. His Honour gave leave for the parties to make submissions as to costs. The defendant submitted that the plaintiff pay its costs, including reserved...
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Kerr v Kerr & Anor [2017] QSC 323 McMeekin J The deceased died on 15 April 2017, on the same day the first defendant procured the deceased’s signature on a document purporting to be her final Will. The effect of that document was to gift a significant portion of the testatrix’s estate to the second...
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Grieve v Gomez [2017] QDC 298 Muir DCJ The plaintiff was a patient of the defendant, a qualified medical practitioner practising within the state of Queensland. In the pleadings, it was alleged that on either 29 November 2005 or 13 December 2005, the defendant asked the plaintiff if she was interested in becoming his mistress....
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Paskins v Hail Creek Coal Pty Ltd & Anor (No 2) [2017] QSC 213 McMeekin J Further to the trial decision, the plaintiff was successful against the defendants for a personal injuries claim, sustained in the course of his employment under a labour hire arrangement. The cost issues were: Whether the costs order against the...
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Wallace v RSL Care Limited [2017] QDC 161 Reid DCJ The plaintiff was employed by the defendant as a residential care worker. In March 2008, during the course of her duties as a residential care worker, the plaintiff claimed that she was crouched while showering the patient’s legs who was seated in a wheeled shower...
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Kloprogge v Queensland University of Technology (No 2) [2017] QDC 118 Searles DCJ The plaintiff obtained judgement for damages of $663,000 for breach of contract. The plaintiff sought an order that the defendant pay its costs on an indemnity basis while the defendant sought their costs to be assessed on a standard basis. Legislation Rule...
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Michael Vincent Baker Superannuation Fund Pty Ltd v Aurizon Operations Limited & Anor (No 2) [2017] QSC 63 Mullins J In Michael Vincent Baker Superannuation Fund Pty Ltd v Aurizon Operations Limited & Anor [2017] QSC 26 the plaintiff succeeded in proving that both the first and second defendants were liable for nuisance. The plaintiff...
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