GEJ & Ma Geldard Pty Ltd v Mobbs (No 3)

GEJ & Ma Geldard Pty Ltd and the defendants, Mobbs, appeared before the court in relation to a dispute regarding herbicide damage to crops. The plaintiffs sought apportionment of damages under the Civil Liability Act 2003 (Qld), which was denied by the court. The plaintiffs argued that the amount received from the settling defendants should be deducted from the judgment sum by $100,000 at common law. Additionally, the court examined whether the defendants should be liable for interest on the judgment sum under s 47 of the Supreme Court Act 1995 (Qld) from the date of judgment, and the point at which interest should accrue. The plaintiffs also questioned whether the court should depart from r 360 of the Uniform Civil Procedure Rules 1999 (Qld) in awarding indemnity costs, given that the defendants received a significant expert report after the plaintiffs' offer to settle was made.

The court examined the legal issues concerning the settlement's effect on the judgment sum, the recoverability of interest on the judgment sum, and the awarding of indemnity costs. In relation to the settlement's effect on the judgment sum, the court found that the amount received from the settling defendants did not need to be deducted from the judgment sum at common law. The court also held that interest on the judgment sum should be paid from the date of judgment under s 47 of the Supreme Court Act 1995 (Qld), but only up until the date when the expert report was received by the defendants. Finally, the court found that the defendants were not entitled to indemnity costs as they had received a significant expert report after the plaintiffs' offer to settle was made.

The court's decision resulted in the plaintiffs not receiving a deduction from the judgment sum for the amount received from the settling defendants. The defendants were ordered to pay interest on the judgment sum from the date of judgment until the date when the expert report was received by the defendants. Additionally, the defendants were not awarded indemnity costs. The court's final orders were that the defendants were liable for the full amount of the judgment sum plus interest up until the date when the expert report was received, and the defendants were not entitled to indemnity costs.