Egan v Taylor (No. 2) - [2022] QDC 179

DISTRICT COURT OF QUEENSLAND

CITATION:

Egan & Ors v Taylor (No. 2) [2022] QDC 179

PARTIES:

BRIAN EGAN

(first plaintiff)
NERIDA EGAN
(second plaintiff)
SAMANTHA PRICE
(third plaintiff)

v
KARA TAYLOR

(defendant)

FILE NO/S:

4563 of 2018

DIVISION:

Civil

PROCEEDING:

Application

ORIGINATING COURT:

Brisbane District Court

DELIVERED ON:

12 August 2022

DELIVERED AT:

Brisbane

HEARING DATE:

Oral submissions on behalf of the first, second and third plaintiffs – 24 June 2022; and

Written submissions from the defendant.

JUDGES:

Dearden DCJ

ORDER:

1.   Order that the defendant pay the first, second and third plaintiffs’ costs in respect of the amended counterclaim served 21 April 2022 on the indemnity basis.

2.   Order that the defendant pay the eighth cross-defendant, Aussie Helpers Charity Ltd, the sum of $4,000 in costs in respect of the amended counterclaim served 21 April 2022.

3.   Order that the defendant pay the costs of the first, second and third plaintiffs on the standard basis in respect of all other costs in respect of the defendant’s application and the plaintiffs’ application to which the decision in this court delivered 24 June 2022 relates, including the costs thrown away of the hearing on 15 March 2022.

CATCHWORDS:

PROCEDURE – CIVIL PROCEEDINGS IN STATE AND TERRITORY COURTS – COSTS – GENERAL MATTERS – where application previously heard – where order was made for defendant to provide written submissions as to costs – whether costs should be awarded for the plaintiffs – whether costs should be awarded for the eighth defendant to the counterclaim

PROCEDURE – CIVIL PROCEEDINGS IN STATE AND TERRITORY COURTS – COSTS – INDEMNITY COSTS – POWER TO ORDER – where application previously heard – where order was made for defendant to provide written submissions as to costs – where plaintiffs seeking indemnity costs – whether indemnity costs should be awarded

LEGISLATION

Uniform Civil Procedure Rules 1999 (Qld) rr 681, 702, 703

Limitations of Actions Act 1974 (Qld) s 32A

CASES

11 Oonoonba Road Pty Ltd & Ors v ACP Properties (Townsville) Pty Ltd & Ors [2022] QCA 87

Colgate-Palmolive Co v Cussons Pty Ltd (1993) 118 ALR 248

Egan & Ors v Taylor [2022] QDC 144

Fountain Selected Meats (Sales) Pty Ltd v International Produce Merchants Pty Ltd & Ors (1988) 81 ALR 397

Karam v Palmone Shoes Pty Ltd [2012] VSCA 97

COUNSEL:

M A Polden with M P Hart for the plaintiffs
B Burke (solicitor) for the eighth defendant to the counterclaim

The defendant appeared self-represented

SOLICITORS:

Hall Payne Solicitors for the plaintiffs
Banki Haddock Fiora Solicitors for the eighth defendant in the counterclaim
The defendant appeared self-represented

Introduction

On 24 June 2022, I delivered reasons in respect of applications brought by the defendant Kara Taylor and by the first, second and third plaintiffs,[1] which were heard together before me on 26 April 2022.
[1]Egan & Ors v Taylor [2022] QDC 144.
The orders made were as follows:
1.Order under UCPR r 379 that the Further Amended Defence and Amended Counterclaim served 21 April…

Grounds of appeal

[14] The appellant contends that the primary judge erred in finding that the respondent had discharged the onus of establishing the matters required under the relevant provision.

[15] It was submitted that his Honour failed to give adequate weight to the evidence of the second witness, and that the findings of fact were not reasonably open on the material before the Court.

[16] The respondent, for its part, submits that no error is disclosed, and that the conclusions reached were well within the range of outcomes available to the primary judge.

Consideration

[17] It is convenient to deal first with the question of construction, as the resolution of that issue informs the remaining grounds advanced by the appellant.

[18] For the reasons that follow, we are of the view that the appeal should be allowed in part and the matter remitted for further determination.

Continue reading Egan v Taylor (No. 2)

Details

AGLC: Egan v Taylor (No. 2) [2022] QDC 179
Case: [2022] QDC 179
Decision Date: 12 August 2022

CaseChat Overview and Summary

The case of Egan v Taylor (No. 2) involved a dispute between multiple parties, including the plaintiffs, the defendant, and an eighth cross-defendant. The plaintiffs sought costs and indemnity costs against the defendant, and the eighth cross-defendant sought costs against the defendant in relation to an amended counterclaim. The matter was heard in the relevant court, which considered the applications for costs and indemnity costs.

The central legal issues before the court were whether costs should be awarded to the plaintiffs and the eighth cross-defendant in relation to the amended counterclaim and whether indemnity costs should be awarded to the plaintiffs. The court examined the submissions and evidence provided by the parties and assessed the merits of the applications.

In delivering the judgment, the court found that the plaintiffs were entitled to costs on the indemnity basis in respect of the amended counterclaim served on 21 April 2022. The court also found that the eighth cross-defendant was entitled to costs in the amount of $4,000 in relation to the same counterclaim. Furthermore, the court ordered the defendant to pay the costs of the plaintiffs on the standard basis in respect of all other costs related to the defendant’s application and the plaintiffs’ application.

The final orders of the court were that the defendant pay the first, second and third plaintiffs' costs in respect of the amended counterclaim served 21 April 2022 on the indemnity basis, that the defendant pay the eighth cross-defendant, Aussie Helpers Charity Ltd, the sum of $4,000 in costs in respect of the amended counterclaim, and that the defendant pay the costs of the first, second and third plaintiffs on the standard basis in respect of all other costs in relation to the defendant's application and the plaintiffs' application.

Orders

Orders of the court

1. Order that the defendant pay the first, second and third plaintiffs’ costs in respect of the amended counterclaim served 21 April 2022 on the indemnity basis.

2. Order that the defendant pay the eighth cross-defendant, Aussie Helpers Charity Ltd, the sum of $4,000 in costs in respect of the amended counterclaim served 21 April 2022.

3. Order that the defendant pay the costs of the first, second and third plaintiffs on the standard basis in respect of all other costs in respect of the defendant’s application and the plaintiffs’ application to which the decision in this court delivered 24 June 2022 relates, including the costs thrown away of the hearing on 15 March 2022.

Background

Background to the litigation

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Evidence

Evidence Before The Court

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Decision

Reasons for decision

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Ratio Decidendi

Legal Principle Established

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CITATION:	Egan & Ors v Taylor (No. 2) [2022] QDC 179
PARTIES:	BRIAN EGAN (first plaintiff) NERIDA EGAN (second plaintiff) SAMANTHA PRICE (third plaintiff) v KARA TAYLOR (defendant)
FILE NO/S:	4563 of 2018
DIVISION:	Civil
PROCEEDING:	Application
ORIGINATING COURT:	Brisbane District Court
DELIVERED ON:	12 August 2022
DELIVERED AT:	Brisbane
HEARING DATE:	Oral submissions on behalf of the first, second and third plaintiffs – 24 June 2022; and Written submissions from the defendant.
JUDGES:	Dearden DCJ
ORDER:	1. Order that the defendant pay the first, second and third plaintiffs’ costs in respect of the amended counterclaim served 21 April 2022 on the indemnity basis. 2. Order that the defendant pay the eighth cross-defendant, Aussie Helpers Charity Ltd, the sum of $4,000 in costs in respect of the amended counterclaim served 21 April 2022. 3. Order that the defendant pay the costs of the first, second and third plaintiffs on the standard basis in respect of all other costs in respect of the defendant’s application and the plaintiffs’ application to which the decision in this court delivered 24 June 2022 relates, including the costs thrown away of the hearing on 15 March 2022.
CATCHWORDS:	PROCEDURE – CIVIL PROCEEDINGS IN STATE AND TERRITORY COURTS – COSTS – GENERAL MATTERS – where application previously heard – where order was made for defendant to provide written submissions as to costs – whether costs should be awarded for the plaintiffs – whether costs should be awarded for the eighth defendant to the counterclaim PROCEDURE – CIVIL PROCEEDINGS IN STATE AND TERRITORY COURTS – COSTS – INDEMNITY COSTS – POWER TO ORDER – where application previously heard – where order was made for defendant to provide written submissions as to costs – where plaintiffs seeking indemnity costs – whether indemnity costs should be awarded
LEGISLATION	Uniform Civil Procedure Rules 1999 (Qld) rr 681, 702, 703 Limitations of Actions Act 1974 (Qld) s 32A
CASES	11 Oonoonba Road Pty Ltd & Ors v ACP Properties (Townsville) Pty Ltd & Ors [2022] QCA 87 Colgate-Palmolive Co v Cussons Pty Ltd (1993) 118 ALR 248 Egan & Ors v Taylor [2022] QDC 144 Fountain Selected Meats (Sales) Pty Ltd v International Produce Merchants Pty Ltd & Ors (1988) 81 ALR 397 Karam v Palmone Shoes Pty Ltd [2012] VSCA 97
COUNSEL:	M A Polden with M P Hart for the plaintiffs B Burke (solicitor) for the eighth defendant to the counterclaim The defendant appeared self-represented
SOLICITORS:	Hall Payne Solicitors for the plaintiffs Banki Haddock Fiora Solicitors for the eighth defendant in the counterclaim The defendant appeared self-represented