Dean v Phung (No 2)

The appeal was brought by the defendant, Phung, against a judgment entered in favour of the plaintiff, Dean, in the Supreme Court of Queensland. The original proceedings concerned a motor vehicle accident in which the plaintiff was injured. The plaintiff sought damages for personal injury, interest, and costs. Phung contested liability and the quantum of damages awarded, and appealed the decision on the basis that the trial judge misapplied the law in awarding costs and interest.

The court was required to determine whether the trial judge correctly assessed the liability of Phung, the quantum of damages awarded to Dean, and whether the trial judge erred in ordering Phung to pay interest on the costs awarded to Dean. Specifically, the court had to consider whether the trial judge properly exercised their discretion in awarding costs, and whether the interest on costs was properly calculated.

The court found that the trial judge did not err in finding Phung liable for the accident and in assessing the quantum of damages. However, the court found that the trial judge misapplied the law in ordering Phung to pay interest on the costs awarded to Dean. The court held that the trial judge did not have the discretion to order interest on costs, as it was not provided for by statute. The court also found that the trial judge erred in assessing the costs awarded to Dean, as it was not properly calculated according to the Uniform Civil Procedure Rules. The appeal was therefore allowed in part, and the matter was remitted to the trial judge for re-assessment of costs.

The court ordered that Phung pay Dean's costs of the appeal, but that the interest on costs previously ordered by the trial judge be removed. The court also ordered that the matter be remitted to the trial judge for re-assessment of costs in accordance with the Uniform Civil Procedure Rules.