SUPREME COURT OF QUEENSLAND
CITATION:
Digby v The Compass Institute Inc and another [No 2] [2015] QSC 361
PARTIES:
MELANIE DIGBY
(plaintiff)
v
THE COMPASS INSTITUTE INC (ABN 74 168 383 378)(first defendant)
and
STATE OF QUEENSLAND
(second defendant)
FILE NO:
SC No 3490 of 2013
DIVISION:
Trial Division
PROCEEDING:
Application for Costs
ORIGINATING COURT:
Supreme Court at Brisbane
DELIVERED ON:
17 December 2015
DELIVERED AT:
Brisbane
HEARING DATE:
6, 11, 12, 18 November 2015
JUDGE:
Atkinson J
ORDER:
1. The plaintiff pay 50 per cent of the second defendant’s costs of and incidental to the proceeding on the standard basis.
2. The first defendant pay 50 per cent of the second defendant’s costs of and incidental to the proceeding on the standard basis.
CATCHWORDS:
· PROCEDURE – COSTS – GENERAL RULE – COSTS FOLLOW THE EVENT – CO-DEFENDANTS – where the plaintiff brought a claim primarily in negligence against the first defendant and the second defendant – where the first defendant had been the plaintiff’s employer and was represented in the proceedings by its insurer, WorkCover – where the parties had each made offers of settlement prior to the trial, none of which was accepted – where the plaintiff was successful against the first defendant – where the plaintiff’s claim against the second defendant was dismissed – where the quantum of damages awarded to the plaintiff at trial was greater than the first defendant’s final offer but less than the plaintiff’s final offer – where provisions of the Workers’ Compensation and Rehabilitation Act 2002 (Qld) affected the making of any costs orders – whether the plaintiff or first defendant should pay the second defendant’s costs of the proceedings – whether any other orders as to costs as between the parties should be made
Personal Injuries Proceedings Act 2002 (Qld)
Uniform Civil Procedure Rules 1999 (Qld) r 353Workers’ Compensation and Rehabilitation Act 2003 (Qld) s 233, s 292, s 315, s 316, s 316A, s 318A, s 318B, s 318D, s 318E
Duong v Versacold Logistics Ltd [2011] QSC 35
Gould v Vaggelas (1984) 157 CLR 215
Lackersteen v Jones[No 2] (1988) 93 FLR 442Roads and Traffic Authority of New South Wales v Dederer (2007) 234 CLR 330
COUNSEL:
GR Mullins with JM Harper for the plaintiff
BF Charrington for the first defendant
MT O’Sullivan for the second defendant
SOLICITORS:
Maurice Blackburn for the plaintiff
MacDonnells Law for the first defendant
Crown Solicitor for the second defendant
ATKINSON J: On 30 October 2015, judgment was delivered in Digby v The Compass Institute and another [2015] QSC 308. The orders made in the substantive proceeding were as follows:
1.Judgment for the plaintiff against the first defendant in the sum of $158,045.
2.Case dismissed against the second defendant.
The parties subsequently provided written submissions as to costs.
The orders sought
The plaintiff and the second defendant (in its primary submission) concurred in the orders they each sought, namely…
Keep reading for free
Create a free CaseChat account to read Digby v The Compass Institute Inc [No 2] and more:
- Read every judgment in full
- Ask AI and get answers linked to paragraphs
- See how each paragraph was cited in later cases
- Download judgments as PDF or Word
One click creates your free account or signs you in.
By continuing you agree to the Terms and Privacy Policy.
- Case
- [2015] QSC 361
- Decision Date
CaseChat Overview and Summary
The legal issues before the court were whether the plaintiff or the first defendant should bear the costs incurred by the second defendant in the proceedings, and whether any other orders as to costs between the parties should be made. The court had to consider the statutory provisions of the Workers’ Compensation and Rehabilitation Act 2002 (Qld), which affected the making of costs orders in proceedings involving claims for workers' compensation.
The court held that, given the nature of the relationship between the plaintiff and the first defendant, and the statutory framework governing workers' compensation claims, the appropriate approach was to apportion the costs incurred by the second defendant between the plaintiff and the first defendant. The court reasoned that both the plaintiff and the first defendant had contributed to the proceedings, and thus, should share the costs incurred by the second defendant. The court ordered that the plaintiff pay 50 per cent of the second defendant’s costs, and the first defendant pay the remaining 50 per cent, on the standard basis.
Orders
Orders of the court
1. The plaintiff pay 50 per cent of the second defendant’s costs of and incidental to the proceeding on the standard basis.
2. The first defendant pay 50 per cent of the second defendant’s costs of and incidental to the proceeding on the standard basis.
Background
Background to the litigation
Full text does not contain this section.
Evidence
Evidence Before The Court
Full text does not contain this section.
Decision
Reasons for decision
Full text does not contain this section.
Ratio Decidendi
Legal Principle Established
Full text does not contain this section.