Collins v Carey

In the case of Collins v Carey, the plaintiff, Collins, sought compensation for personal injuries sustained in a car accident. The defendant, Carey, was found liable for the accident. The dispute before the court was primarily concerned with the appropriate scale for assessing costs in a personal injury case where the plaintiff's damages were within the monetary jurisdiction of the District Court. The plaintiff argued for costs on the Supreme Court scale, while the defendant contended for the District Court scale.

The legal issues before the court included determining the appropriate cost scale, assessing whether costs should be calculated on an indemnity or standard basis given the plaintiff's offer to settle on liability, and exercising the court's discretion regarding the quantum of costs. The court needed to consider whether the plaintiff's costs should be increased by 30% and whether certification for two counsel should be made. Additionally, the court had to decide whether the plaintiff's failure on certain issues warranted a reduction in costs.

The court ruled that the appropriate scale for assessing costs was the District Court scale, given that the amount awarded fell within the monetary jurisdiction of that court. The court also determined that costs should be assessed on a standard basis, as the plaintiff had succeeded on the amended statement of claim. The court exercised its discretion to increase the plaintiff's costs by 30%, finding it appropriate in the circumstances. Certification for two counsel was granted, and the court found no justification to reduce the costs due to the plaintiff's failure on certain issues. The final orders included the assessment of costs on the District Court scale, with a 30% increase and certification for two counsel.