DISTRICT COURT OF QUEENSLAND
CITATION:
Ballandis v Swebbs & Anor (No 2) [2014] QDC 143
PARTIES:
CHRISTOPHER BALLANDIS
(plaintiff)v
JACK JOSEPH SWEBBS
(first defendant)and
AAI LIMITED ACN 48 005 297 807 TRADING AS SUNCORP METWAY INSURANCE LIMITED ACN 075 695 966
(second defendant)FILE NO/S:
D2/13
DIVISION:
Trial
PROCEEDING:
Civil
ORIGINATING COURT:
Rockhampton District Court
DELIVERED ON:
19 June 2014
DELIVERED AT:
Rockhampton
HEARING DATE:
Hearing on the papers.
JUDGE:
Smith DCJ
ORDER:
1. The second defendant is to pay the plaintiff’s costs of and incidental to the proceeding as agreed or assessed on a standard basis up to but not including 8 January 2013 on the District Court Scale and not in excess of the declared costs limit of $2,500.
2. The plaintiff is to pay the second defendant’s costs of and incidental to the proceeding from 8 January 2013 as agreed or to be assessed on the standard basis on the District Court Scale (with the exception of costs relating to investigations and the gathering of evidence after the date of the compulsory conference which includes the reserved costs of and incidental to the application filed on 24 March 2014).
3. The second defendant is to pay the plaintiff’s costs relating to investigations and the gathering of evidence after the date of the compulsory conference which includes the reserved costs of and incidental to the application filed on 24 March 2014 as agreed or to be assessed on the standard basis on the District Court scale.
4. That the net assessed costs ordered to be paid by the plaintiff be set off against the judgment sum prior to any payment by the second defendant to the plaintiff of any part of the judgment sum.
5. Liberty to apply.
CATCHWORDS:
COSTS- where the judgment for the plaintiff was not greater than the mandatory final offer or of offers made under UCPR- costs of investigations and application after the compulsory conference
Motor Accident Insurance Act 1994 (Q) ss 4, 51B, 51C, 55F
Uniform Civil Procedure Rules 1999 (Q) r 361, 681
Motor Accident Insurance Regulations 2004 (Q) r 27A
Ballandis v Swebbs and Anor [2014] QDC 129
Calderbank v Calderbank [1975] 3 All ER 333
Distant v Queensland Rail [2002] QSC 271
Gitsham v Suncorp Metway Insurance Ltd [2003] 2 Qd R 251
Ross v Suncorp Metway Insurance Ltd [2002] QCA 93
Sheridan v Warrina Community Co-operative Ltd & Anor [2004] QCA 308
COUNSEL:
Written Submissions from the plaintiff received 10 June 2014, written submissions from the second defendant received 10 June 2014, further written submissions from the second defendant received 11 June 2014. Further written submissions from the plaintiff received 18 June 2014.
SOLICITORS:
O’Donnell Legal for the plaintiff
Quinlan Miller and Treston for the second defendant
Introduction
This is the decision with respect to costs consequent on the decision in Ballandis v Swebbs & Anor [2014] QDC 129.
In that matter I gave judgment in favour of the plaintiff against the second defendant in…
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- AGLC
- Ballandis v Swebbs (No 2) [2014] QDC 143
- Case
- [2014] QDC 143
- Decision Date
CaseChat Overview and Summary
The primary legal issue before the court was to determine the appropriate allocation of costs incurred by both parties in the course of the litigation, particularly those related to investigations and evidence gathering post the compulsory conference. The court had to consider whether the plaintiff's costs incurred after the compulsory conference should be borne by the plaintiff or the second defendant. The court also needed to address the plaintiff's entitlement to costs associated with specific applications made after the compulsory conference.
The court ruled that the second defendant was liable for the plaintiff’s costs of and incidental to the proceeding up until 7 January 2013, to be assessed on a standard basis according to the District Court Scale. Conversely, from 8 January 2013 onwards, the plaintiff was to bear their own costs, with the exception of those related to investigations and the gathering of evidence post the compulsory conference, which the second defendant was to cover. The court's decision was influenced by precedents such as Calderbank v Calderbank, Distant v Queensland Rail, Gitsham v Suncorp Metway Insurance Ltd, Ross v Suncorp Metway Insurance Ltd, and Sheridan v Warrina Community Co-operative Ltd & Anor. The court ordered that the net assessed costs to be paid by the plaintiff be set off against the judgment sum before any payment by the second defendant to the plaintiff.
In summary, the court's final orders mandated that the second defendant was to pay the plaintiff's pre-conference costs up to a specified limit, while the plaintiff was to cover post-conference costs except for those related to investigations and evidence gathering after the compulsory conference, which the second defendant was to cover. The court also directed that the net assessed costs to be paid by the plaintiff be set off against the judgment sum before any payment by the second defendant. The plaintiff was granted liberty to apply for further orders if necessary.
Orders
Orders of the court
1. The second defendant is to pay the plaintiff’s costs of and incidental to the proceeding as agreed or assessed on a standard basis up to but not including 8 January 2013 on the District Court Scale and not in excess of the declared costs limit of $2,500.
2. The plaintiff is to pay the second defendant’s costs of and incidental to the proceeding from 8 January 2013 as agreed or to be assessed on the standard basis on the District Court Scale (with the exception of costs relating to investigations and the gathering of evidence after the date of the compulsory conference which includes the reserved costs of and incidental to the application filed on 24 March 2014).
3. The second defendant is to pay the plaintiff’s costs relating to investigations and the gathering of evidence after the date of the compulsory conference which includes the reserved costs of and incidental to the application filed on 24 March 2014 as agreed or to be assessed on the standard basis on the District Court scale.
4. That the net assessed costs ordered to be paid by the plaintiff be set off against the judgment sum prior to any payment by the second defendant to the plaintiff of any part of the judgment sum.
5. Liberty to apply.
Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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