Lambourne v Ritchie

[2005] QSC 102

SUPREME COURT OF QUEENSLAND

CITATION:	Lambourne v Ritchie & Anor [2005] QSC 102
PARTIES:	JULIE-ANN LAMBOURNE (plaintiff) v COLIN SAMUEL RITCHIE (first defendant) QBE INSURANCE (AUSTRALIA) LIMITED (ACN 003 191 035) (second defendant)
FILE NO/S:	71 of 2001
DIVISION:	Trial
PROCEEDING:	Claim
ORIGINATING COURT:	Supreme Court at Cairns
DELIVERED ON:	18 April 2005
DELIVERED AT:	Cairns
HEARING DATE:	Heard on the papers
JUDGE:	Jones J
ORDER:	1. I vary my earlier order as to costs by deleting order 2 and substituting therefore: “the defendants pay the plaintiff’s costs of and incidental to the action to be assessed on an indemnity basis.”
COUNSEL:	Mr D Turnbull for the plaintiff Mr D Reid for the defendants
SOLICITORS:	Dean & Bolton for the plaintiff Jensen McConaghy for the defendants

1. Since the delivery of my reasons for judgment in this matter I have received written submissions from the plaintiff advising that there was an offer made pursuant to chapter 5 of the Uniform Civil Procedure Rules, which offer was less favourable than my decision. The plaintiff seeks, therefore, for her costs to be assessed on an indemnity basis. The defendant has not made any submissions contrary to the plaintiff’s submissions.

Order

1. I therefore finalise my judgment by varying the terms of my order for costs by deleting order 2 and substituting therefore: “The defendants pay the plaintiff’s costs of and incidental to the action to be assessed on an indemnity basis”.