Jackson v Bishop (No. 2)

[2013] QDC 304

DISTRICT COURT OF QUEENSLAND

CITATION:

Jackson v Bishop & Anor (No. 2) [2013] QDC 304

PARTIES:

Noel Andrew Jackson
(Plaintiff)

v

Paul Loris Bishop
(First Defendant)

&

AAI LIMITED

ABN 480 052 978 07
(Second Defendant)

FILE NO:

62/2012

DIVISION:

Civil

PROCEEDING:

Trial

ORIGINATING COURT:

District Court at Mackay

DELIVERED ON:

5 December 2013

DELIVERED AT:

Brisbane

HEARING DATE:

On the papers

JUDGE:

Kingham DCJ

ORDER:

1.   Order 1 made on 15 November 2013 is vacated.

2.   I award the sum of $126,035.61 to Mr Jackson in damages for personal injuries.

3.   The second defendant must pay the plaintiff’s costs of and incidental to these proceedings assessed against the Magistrates Court scale and on the indemnity basis.

CATCHWORDS:

CIVIL – COSTS – INDEMNITY COSTS – MANDATORY OFFER TO SETTLE – where the plaintiff made a mandatory offer to settle under the Motor Accident Insurance Act 1994 (Qld) – where the second defendant did not accept that offer – where the plaintiff’s case did not substantially change after that offer was made - where the plaintiff largely succeeded at trial – where judgment was no less favourable to the plaintiff than the terms of the offer to settle – where the amount awarded was within the monetary jurisdiction of the Magistrates Court when the claim was filed - whether the second defendant should pay the plaintiff’s costs on the indemnity basis – whether costs should be assessed at the Magistrates Courts scale.

Magistrates Courts Act 1921 (Qld), ss 2 & 4.

Motor Accident Insurance Act 1994 (Qld), s 51C.

Uniform Civil Procedure Rules 1999 (Qld), rr 388 & 697.

Castro v Hillery & Ors [2002] QCA 359, applied.

Jackson v Bishop & Anor [2013] QDC 279, cited.

Lawes v Nominal Defendant [2007] QSC 103, cited.

Morrison v Hudson & Anor [2006] QCA 170, applied.

COUNSEL:

Mr. P.T. Cullinane for the Plaintiff.

Mr. G.C. O’Driscoll for the Second Defendant.

SOLICITORS:

Sciaccas Lawyers for the Plaintiff.

Grant & Simpson Lawyers for the Second Defendant

1. On 15 November 2013, I delivered reasons for my decision to award damages in the sum of $144,085.16 to Mr Jackson.[1] I have now received submissions from counsel for the parties which have drawn my attention to an error in calculating the plaintiff’s future recurring expenses. Counsel for the parties agree that, correcting that error, the damages which should be awarded are $126,035.61. This court has the power to correct a mistake or error which has resulted from an accidental slip, pursuant to Rule 388 Uniform Civil Procedure Rules1999 (Qld). I exercise that power in vacating the order I made on 15 November 2013 and substituting in its stead the order now made.

   [1]Jackson v Bishop & Anor [2013] QDC 279.

1. The parties have made competing submissions about what costs order should be made. The plaintiff seeks costs on an indemnity basis because the judgment sum exceeds its mandatory final offer made under s 51C Motor Accident Insurance Act 1994 (Qld).

1. The…