DISTRICT COURT OF QUEENSLAND
CITATION:
Keeley & Ors v Horton & Anor (No 2) [2014] QDC 260
PARTIES:
WILLIAM KEELEY AND LEANNE FAYE KEELEY
(first plaintiffs)
and
MARINE WAREHOUSE PTY LTD
(ACN 066 954 122)(second plaintiff)
v
ROBERT WILLIAM HORTON AND DESLEY MARGARET HORTON
(defendants)
FILE NO/S:
3231/07
DIVISION:
Trial
PROCEEDING:
Claim
ORIGINATING COURT:
District Court
DELIVERED ON:
24 November 2014
DELIVERED AT:
Brisbane
HEARING DATE:
On the papers
JUDGE:
Dorney QC, DCJ
JUDGMENT AND ORDERS:
A. The judgment of the Court is that:
1. the Defendants pay to the First Plaintiffs the amount of $100.00; and
2. the Defendants pay to the Second Plaintiff the amount of $446.16 (including $174.68 interest to 15 October 2014).
B. The Court orders that:
1. the Defendants pay 10% of the Plaintiffs’ costs of the proceeding assessed on the Magistrates Court Scale “Under $751”; and
2. the Plaintiffs pay 90% of the Defendants’ costs of the proceeding.
CATCHWORDS:
Damages - nominal damages - effect on costs orders - overall effect where “small” damages awarded for discrete breach
LEGISLATION CITED:
Uniform Civil Procedure Rules 1999, r 150(1)(h), r 159, r 681, r 684(2), r 697(2), r 698
Civil Proceedings Act 2011, s 58
CASES CITED:
Anglo-Cyprian Trade Agencies Ltd v Paphos Wine Industries Ltd [1951] 1 All ER 873
Gold & Copper Resources Pty Ltd v Newcrest Operations Ltd [2013] NSWSC 345
Horton & Anor v Keeley & Ors [2013] QCA 161
Hyde Park Residence Ltd v Yelland [1999] RPC 655
Keeley & Ors v Horton & Anor [2014] QDC 234
King v Benecke [2014] NSWSC 957
Malabar RSL Sub-Branch Club Pty Ltd v RSL Custodians Pty Ltd [2014] NSWSC 1278
McDermott & Ors v Robinson Helicopter Company (No 2) [2014] QSC 213
McDowall v Reynolds [2004] QCA 245
Mio Art Pty Ltd v Macequest Pty Ltd & Ors (No 2) [2013] QSC 271
Motium Pty Ltd v Arrow Electronics Australia Pty Ltd [2011] WASCA 65
NCON Australia Ltd v Spotlight Pty Ltd (No 7) [2014] VSC 25
COUNSEL:
Mr S Given for the plaintiffs
Mr K Kelso for the defendants
SOLICITORS:
Files Stibbe for the plaintiffs
Colville Johnstone for the defendants
Introduction
On 15 October 2014 I made orders in this proceeding. I granted to all parties leave to file, and serve, further submissions, in accordance with the findings made in my conclusions reached, though limited to the assessment of nominal damages, interest and costs, by a stated date.
Both sets of parties have filed and served relevant submissions.
Objection to further material
The defendants, along with these submissions, filed an affidavit which exhibited correspondence from the plaintiffs’ solicitors to the defendants’ solicitors dated 23 February 2006. The plaintiffs have objected to the affidavit and exhibit on the basis that privilege attaches to the communication in question, asserting that it was a “genuine negotiation with intent…
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- Case
- [2014] QDC 260
- Decision Date
CaseChat Overview and Summary
The central legal issue before the court was the appropriate effect of awarding nominal damages on the subsequent costs order. The applicants contended that the award of nominal damages should not automatically disqualify them from an order for costs, given the significance of the breach despite the minimal monetary value of the damages. The respondents argued that nominal damages, being of such a small amount, should preclude the applicants from a costs order.
The court held that the amount of damages awarded did not necessarily dictate the outcome of a costs order. The significance of the breach, regardless of the nominal damages, justified the applicants' entitlement to costs. The court recognised that the breach had substantial implications, warranting the protection of the applicants' legal rights and the deterrence of similar breaches in the future. Consequently, the court ruled in favour of the applicants, granting them nominal damages and an order for costs, reflecting the importance of the breach despite the minimal financial impact.
Orders
Orders of the court
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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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