DISTRICT COURT OF QUEENSLAND
CITATION:
Cabato v Paltridge and Another (No 2) [2025] QDC 82
PARTIES:
DARWIN CABATO
(Plaintiff)v
GREGORY STUART PALTRIDGE(First Defendant)
And
ALLIANZ AUSTRALIA INSURANCE LIMITED
(Second Defendant)FILE NO:
DC 83 of 2021
DIVISION:
Civil
PROCEEDING:
Claim
ORIGINATING COURT:
District Court at Southport
DELIVERED ON:
20 June 2025
DELIVERED AT:
HEARING DATE:
Southport
Written submissions
JUDGE:
Holliday KC DCJ
ORDER:
The second defendant is to pay the plaintiff’s costs of the proceeding on the standard basis assessed on the Magistrate’s Court scale not including any costs awarded by the Order of 23 October 2024.
CATCHWORDS:
PROCEDURE – COSTS – where the plaintiff was successful in primary judgment – where the plaintiff’s mandatory final offer was less than the judgment sum – where judgment sum was more than upper offer limit – where plaintiff seeks costs on an indemnity basis – whether claim falls within District Court or Magistrates Court jurisdiction – whether the plaintiff ought to recover costs associated with the left sided symptoms and prior to the adjournment of the trial
LEGISLATION:
Motor Accident Insurance Act 1994 (Qld) ss 51C(10), 55F(3)(b)(ii)
Uniform Civil Procedure Rules 1999 (Qld) rr 360, 684, 697(1)&(2)
CASES:
Pollock v Thiess Pty Ltd & Ors (No 3) [2014] QSC 121
Hughes v Gordon [2007] QSC 78
Kerle v BM Alliance Coal Operations Pty Ltd & Ors (No 2) [2017] QSC 7
Canaipa Developments Pty Ltd v TLC Jones Pty Ltd (No 2) [2021] QSC 331
Speets Investment Pty Ltd v Bencol Pty Ltd (No 2) [2021] QCA 39
Built Qld Pty Ltd v Pro-Invest Australian Hospitality Opportunity (ST) Pty Ltd (No 3) [2022] QSC 62
Morrison v Hudson & Anor [2006] QCA 170
Castro v Hillery (2003) 1 QD R 651
Bulsey v State of Queensland [2016] QCA 158
Forostenko v Springfree Trampoline Australia Pty Ltd (No 2) [2024] QSC 126
Grieve v Gomez [2017] QDC 298
Sutton v Hunter (No 2) [2021] QSC 268
Perfect v McDonald & Anor [2012] QSC 11
Rook v Crofts(No 2) [2018] QDC 238
Lawes v Nominal Defendant [2007] QSC 103COUNSEL:
M Lazinski for the plaintiff
R Morton for the defendants
SOLICITORS:
Southern Gold Coast Lawyers for the plaintiff
McInnes Wilson Lawyers for the defendants
Introduction
This is the decision with respect to costs consequent on the judgment in Cabato v Paltridge & Anor [2025] QDC 59.
In that matter, I gave judgment in favour of the plaintiff against the second defendant in the sum of $73,663.91 (‘judgment sum’). The parties were directed to provide, and did provide, written submissions on costs including reply submissions.
The parties have agreed that the Mandatory Final Offers (‘MFOs’) made were $40,000.00 by the plaintiff and $15,000.00 by the second defendant. Those offers were exchanged at the compulsory conference held on 18 February 2021. Proceedings were commenced on 12 March 2021.
The upper offer limit at the relevant time was $71,730.00. Therefore, the judgment sum exceeds the plaintiff’s MFO as well…
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- AGLC
- Cabato v Paltridge (No 2) [2025] QDC 82
- Case
- [2025] QDC 82
- Decision Date
CaseChat Overview and Summary
The court was tasked with determining whether the plaintiff's claim for indemnity costs was justified and if the matter should be assessed on the District Court scale due to its complexity. The plaintiff cited section 51C(10) of the MAIA, which mandates the court to consider MFOs when deciding on costs, and section 55F(3)(b)(ii), which requires an indemnity costs order if the matter had fallen at or below the upper offer limit. The plaintiff also argued that the starting point for costs should be indemnity and that it was for the second defendant to demonstrate why a different order would be appropriate. The plaintiff further argued that the length of the trial, the thoroughness of the judgment, the complexity of the evidentiary and medical issues, and the stark contrast in the parties' positions on critical issues warranted costs on the District Court scale.
The court found that the second defendant was to pay the plaintiff’s costs of the proceeding on the standard basis assessed on the Magistrate's Court scale, excluding the costs awarded by the Order of 23 October 2024. The court concluded that the indemnity costs were not applicable in this case, given the legislative framework and the specific circumstances of the proceedings. The court also ruled out the application of the District Court scale, considering that the case did not exhibit the unusual features or complexity that would warrant such an assessment.
ORDERS:
The second defendant is to pay the plaintiff’s costs of the proceeding on the standard basis assessed on the Magistrate’s Court scale not including any costs awarded by the Order of 23 October 2024.
Orders
Orders of the court
The second defendant is to pay the plaintiff’s costs of the proceeding on the standard basis assessed on the Magistrate’s Court scale not including any costs awarded by the Order of 23 October 2024.
Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
Ratio Decidendi
Legal Principle Established
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