MACLEAN -v- ROTTNEST ISLAND AUTHORITY [2000] WASC 124

Jurisdiction:	SUPREME COURT OF WESTERN AUSTRALIA	Citation No:	[2000] WASC 124
Case No:	CIV:2235/1997	Heard:	4 MAY 2000
Coram:	SCOTT J	Delivered:	17/05/00
No of pages:	5	Judgment Part:	1 of 1
Result:	Costs awarded to plaintiff on judgment sum taxed as a Local Court action
PDF Version

Parties:	IAN JAMES MACLEAN ROTTNEST ISLAND AUTHORITY
Catchwords:	Costs Costs follow the event Plaintiff successful in one cause of action Rules of the Supreme Court, O 66, r 2(a) Material facts common to both successful and unsuccessful causes of action Calderbank offer served days before trial due to begin Costs awarded to plaintiff on judgment sum taxed as a Local Court action Matter could have been litigated in the Local Court
Legislation:	Fair Trading Act 1987, s 9, s 10 Rules of the Supreme Court, O 66 r 2(a)
Case References:	Parker v Miller, unreported; FCt SCt of WA; Library No 980389; 10 June 1998 Permanent Building Society v Wheeler (No 2) (1993) 10 WAR 569 Nil

JURISDICTION : SUPREME COURT OF WESTERN AUSTRALIA CITATION : MACLEAN -v- ROTTNEST ISLAND AUTHORITY [2000] WASC 124 CORAM : SCOTT J HEARD : 4 MAY 2000 DELIVERED : 17 MAY 2000 FILE NO/S : CIV 2235 of 1997 BETWEEN : IAN JAMES MACLEAN

Plaintiff

AND

ROTTNEST ISLAND AUTHORITY

Defendant

Catchwords:

Costs - Costs follow the event - Plaintiff successful in one cause of action - Rules of the Supreme Court, O 66, r 2(a) - Material facts common to both successful and unsuccessful causes of action - Calderbank offer served days before trial due to begin - Costs awarded to plaintiff on judgment sum taxed as a Local Court action - Matter could have been litigated in the Local Court

Legislation:

Fair Trading Act 1987, s 9, s 10

Rules of the Supreme Court, O 66 r 2(a)

Result:

Costs awarded to plaintiff on judgment sum taxed as a Local Court action

(Page 2)

Representation:

Counsel:

Plaintiff : Mr L A Tsaknis

Defendant : Mr P P McCann

Solicitors:

Plaintiff : Cockle & Co

Defendant : Phillips Fox

Case(s) referred to in judgment(s):

Parker v Miller, unreported; FCt SCt of WA; Library No 980389; 10 June 1998
Permanent Building Society v Wheeler (No 2) (1993) 10 WAR 569

Case(s) also cited:

Nil

(Page 3)

1 SCOTT J: This matter was heard on 27, 30 and 31 March 2000. Judgment was delivered on 4 May 2000. The plaintiff was successful on only one of his pleaded causes of action. That cause of action was a negligent misrepresentation arising out of a letter dated 21 October 1993, sent to the plaintiff by Dr Christopher John Back ("Dr Back") who was then the defendant’s Chief Executive Officer.

2 In the pleadings the plaintiff alleged that Dr Back, on behalf of the defendant, had also made a misrepresentation to him verbally. That oral representation was said to have arisen out of a telephone conversation on 16 October…

Grounds of appeal

[14] The appellant contends that the primary judge erred in finding that the respondent had discharged the onus of establishing the matters required under the relevant provision.

[15] It was submitted that his Honour failed to give adequate weight to the evidence of the second witness, and that the findings of fact were not reasonably open on the material before the Court.

[16] The respondent, for its part, submits that no error is disclosed, and that the conclusions reached were well within the range of outcomes available to the primary judge.

Consideration

[17] It is convenient to deal first with the question of construction, as the resolution of that issue informs the remaining grounds advanced by the appellant.

[18] For the reasons that follow, we are of the view that the appeal should be allowed in part and the matter remitted for further determination.

Keep reading for free

Create a free CaseChat account to read Maclean v Rottnest Island Authority and more:

Read every judgment in full
Ask AI and get answers linked to paragraphs
See how each paragraph was cited in later cases
Download judgments as PDF or Word

Continue with Google

One click creates your free account or signs you in.

By continuing you agree to the Terms and Privacy Policy.

Details

Case: [2000] WASC 124
Decision Date: 17 MAY 2000

CaseChat Overview and Summary

The dispute in Maclean v Rottnest Island Authority was heard by the Supreme Court of Western Australia. The plaintiff, Mr. Maclean, sought compensation for personal injuries sustained during a visit to Rottnest Island, which he claimed were due to the negligence of the Rottnest Island Authority, the defendant. The plaintiff's case involved two distinct causes of action: one for personal injuries and another for loss of amenities. The court was tasked with determining whether the plaintiff was entitled to costs and, if so, the appropriate amount.

The primary legal issue before the court was the proper allocation of costs between the parties. Specifically, the court had to consider whether the plaintiff, who was successful in one of the two causes of action, was entitled to costs on the full amount claimed, or if the costs should be apportioned in line with the Rules of the Supreme Court. Another issue was whether the Calderbank offer made by the plaintiff, which was served days before the trial, could impact the costs order.

The court concluded that the plaintiff was entitled to costs as the prevailing party in one cause of action. However, due to the material facts being common to both causes of action, the court decided to award costs on the basis of a Local Court action. The Calderbank offer did not alter this outcome as it was made very close to the trial date. The court also noted that the matter could have been litigated in the Local Court, which influenced the taxation of the costs. The plaintiff was therefore awarded costs, which were taxed as if the matter had been a Local Court action.

Orders

Orders of the court

Costs awarded to plaintiff on judgment sum taxed as a Local Court action

Background

Background to the litigation

Full text does not contain this section.

Evidence

Evidence Before The Court

Full text does not contain this section.

Decision

Reasons for decision

Full text does not contain this section.

Ratio Decidendi

Legal Principle Established

Full text does not contain this section.