Hill v WorkCover Queensland

[2005] QSC 311

SUPREME COURT OF QUEENSLAND

CITATION:

Hill v WorkCover Queensland [2005] QSC 311

PARTIES:

LEONARD MICHAEL HILL
(applicant)
v
WORKCOVER QUEENSLAND

(respondent)

FILE NO/S:

BS 5315 of 2005

DIVISION:

Trial Division

PROCEEDING:

Application

ORIGINATING COURT:

Supreme Court, Brisbane

DELIVERED ON:

28 October 2005

DELIVERED AT:

Brisbane

HEARING DATE:

22 July 2005

JUDGE:

Moynihan J

ORDER:

1.   That the applicant pay the respondent’s costs of the application to be assessed on a standard basis.

CATCHWORDS:

Uniform Civil Procedure Rules 1999 (Qld); r 689.

PROCEDURE – COSTS – GENERAL RULE – COSTS OF WHOLE ACTION – GENERALLY – where respondent seeks costs following the event – where applicant seeks no order as to costs.

COUNSEL:

Mr J Lee for the applicant;

Mr S Sapsford for the respondent.

SOLICITORS:

O’Reilly Lillicrap Solicitors for the applicant;

WorkCover Queensland; Statutory Legal Services Unit for the respondent.

1. MOYNIHAN J:  On 13 September 2005 I dismissed the applicant’s application and provided for written submissions as to costs.

1. The respondent submits that costs should follow the event.  The applicant seeks an order that there be no order as to costs.

1. Uniform Civil Procedure Rule 689 provides that costs are in the discretion of the court but unless the court considers another order is more appropriate they should follow the event.

1. There is no doubt that the resolution of the issue dealt with by the application was of particular importance to the applicant.

1. In support of its submission as to the disposition of costs the applicant submits that the issue was also general and of ongoing importance to the respondent and that the respondent gained a clear benefit from the decision.

1. I am not persuaded that justifies a departure from the ordinary rule and order that the applicant pay the respondent’s costs of the application to be assessed on a standard basis.