Davey v TriCare Ltd

[2003] QSC 87

SUPREME COURT OF QUEENSLAND

CITATION:

Davey v TriCare Ltd [2003] QSC 087

PARTIES:

JOE EMMA DAVEY
(plaintiff)
and

TRICARE LIMITED ACN 009 657 345
(defendant)

FILE NO:

SC 3126 of 2001

DIVISION:

Trial Division

PROCEEDING:

Further order

ORIGINATING COURT:

Supreme Court Brisbane

DELIVERED ON:

8 April 2003

DELIVERED AT:

Brisbane

HEARING DATE:

6 December 2002

JUDGE:

Ambrose J

ORDER:

I order that the plaintiff pay to the defendant its costs of and incidental to her action to be assessed on a standard basis as from 12 February 2001

CATCHWORDS:

COSTS – Offers to settle – where plaintiff awarded damages below Magistrates Court scale – whether defendant should get costs

COUNSEL:

J G Crowley QC with P B de Platter for the plaintiff
R Myers for the defendant

SOLICITORS:

Ken Owens Solicitors for the plaintiff
McCullough Robertson for the defendant

1. AMBROSE J:  On 6 December 2002 I gave judgment for the plaintiff against the defendant in the sum of $22,116.76 reserving the question for costs until I received written submission from counsel for the plaintiff and the defendant.  

1. Having received those submissions I now order that the plaintiff pay to the defendant its costs of and incidental to her action to be assessed on a standard basis as from 12 February 2001. 

1. I make no order with respect to any costs incurred by the plaintiff in pursuit of her action.