Dowsett v King (No 2)

The case of Dowsett v King (No 2) was heard in the Supreme Court of Queensland. The plaintiff, Ms Dowsett, had initially brought claims against the defendant, Mr King, in relation to an alleged breach of contract. Before the final hearing, Ms Dowsett formally abandoned a significant portion of her claims in accordance with an agreement with Mr King. Under this agreement, if Ms Dowsett abandoned certain issues, each party would bear their own costs related to those issues. The remaining issue proceeded to a final hearing, where Ms Dowsett was successful.

The primary legal issue before the court was whether it was appropriate to depart from the usual rule of costs in favour of the defendant, who had earlier proposed a cost-sharing arrangement contingent on the plaintiff abandoning certain claims. The court was required to determine the appropriate allocation of costs, considering the circumstances of the case, including the agreed cost-bearing arrangement and the plaintiff’s ultimate success on the remaining issue.

The court held that it was appropriate to depart from the usual rule of costs in favour of the defendant. It reasoned that the circumstances warranted a departure from the norm because the plaintiff had formally abandoned a substantial part of her case based on an agreement with the defendant. The court acknowledged that Ms Dowsett was successful on the remaining issue, but also noted the agreed terms regarding cost-bearing. Consequently, the court ordered that Mr King should pay Ms Dowsett’s costs of the remaining issue up to the date of accepting the cost-sharing arrangement and the costs of the proceedings thereafter.