Garside v Rohan (No 2)

[2018] QSC 313

SUPREME COURT OF QUEENSLAND

CITATION:

Garside v Rohan (No 2) [2018] QSC 313

PARTIES:

GLENN STUART GARSIDE

(plaintiff)

v
DAN ROHAN

(first defendant)
TREVOR JAMES MILES
(second defendant)
JEFF ROBERTSON
(third defendant)
QBE INSURANCE (AUSTRALIA) LTD ABN  78 003 191 035
(fourth defendant)
NOMINAL DEFENDANT ABN 65 207 831 553

(fifth defendant)

FILE NO:

Rock No 499 of 2017

DIVISION:

Trial Division

PROCEEDING:

Trial

DELIVERED ON:

20 December 2018

DELIVERED AT:

Brisbane

HEARING DATE:

30 August 2018; 3 to 5 September 2018; 11 December 2018

JUDGE:

Davis J

ORDER:

1.   The fifth defendant pay the plaintiff’s costs of the proceedings to be assessed on an indemnity basis; and

2.   The fifth defendant pay the first, second, third and fourth defendants’ costs of the proceedings.

CATCHWORDS:

PROCEDURE – CIVIL PROCEEDINGS IN STATE AND TERRITORY COURTS – COSTS – PARTIES AND NON-PARTIES – COSTS IN PROCEEDINGS WHERE MULTIPLE PARTIES – COSTS AGAINST ONE OF SEVERAL DEFENDANTS – BULLOCK AND SANDERSON TYPE ORDERS – where the plaintiff sued all the defendants for damages arising out of a motor vehicle accident – where the fifth defendant was found to be liable – where the fifth defendant concedes that it ought pay the plaintiff’s costs on an indemnity basis – where the first to fourth defendants seek their costs – whether the plaintiff or the fifth defendant should pay the costs of the first to fourth defendants

Motor Accident Insurance Act 1994 (Qld) s 31

Uniform Civil Procedure Rules 1999 (Qld) r 681

Bullock v London General Omnibus Company [1907] 1 KB 264, cited
Dominello v Dominello and Anor; Dominello v The Nominal Defendant and Anor (No 2) [2009] NSWCA 257, distinguished
Garside v Rohan & Ors [2018] QSC 295, related

Sanderson v Blyth Theatre Company [1903] 2 KB 533, cited

COUNSEL:

M Grant-Taylor QC and R Green for the plaintiff
R Morton for the first to fourth defendants

G Diehm QC and G O’Driscoll for the fifth defendant

SOLICITORS:

Grant & Simpson for the plaintiff
Barry Nilsson for the first to fourth defendants

Moray & Agnew for the fifth defendant

1. The plaintiff, Mr Garside sued the five defendants seeking damages for personal injuries suffered by him on 25 November 2014 when he was riding his motorcycle along the Gregory Highway travelling north from Emerald to Capella.

2. The five defendants fall into two categories.  The first, second, third and fourth defendants form one category, because each of the first, second and third defendants were driving vehicles whose compulsory third party insurer was the fourth defendant, QBE Insurance (Australia) Limited (QBE).  I will refer to that first category of defendants as “the QBE defendants”.  The second category of defendants only has one member and that is the fifth defendant, the Nominal Defendant.

3. On 11 December 2018, I delivered judgment on the trial of Mr Garside’s claim which was heard in Rockhampton.[1]  I made the following orders:

   1.The claim against each of the first, second, third and fourth defendants is dismissed;

   2.Judgment…