McCoombes v Curragh Qld Mining Ltd

McCoombes, the plaintiff, filed a lawsuit against Curragh Qld Mining Ltd, the defendant, seeking damages. The case was initially brought in the Supreme Court, but it was later transferred to the District Court without a costs order. The District Court ordered the defendant to pay the plaintiff's costs according to the District Court Scale. The defendant made a settlement offer, which was rejected. The costs were assessed by a registrar, but the defendant objected to all costs incurred prior to the transfer. The registrar did not grant an order for those costs. The plaintiff sought orders in the Supreme Court, and the defendant appealed to the District Court from the registrar's final assessment of costs. The defendant also sought leave to appeal from the District Court Judge's review of the registrar's assessment.

The court had to decide whether the registrar had the authority to assess costs incurred prior to the transfer under section 77(6)(b)(i) of the District Court Act 1967 (Qld). It also had to determine whether the District Court Judge's approach to interpreting District Court Scale Item 27 was correct and whether the offer to settle required the offer to be for all of the defendant's liability for costs under UCPR r 721(2)(b). The court needed to decide if the District Court Judge was correct in considering the offer to settle as an offer under UCPR r 721.

The court found that the registrar had the power to assess costs incurred prior to the transfer under section 77(6)(b)(i) of the District Court Act 1967 (Qld). The court also found that the District Court Judge's approach to interpreting District Court Scale Item 27 was correct and did not warrant the granting of leave to appeal. The court found that the offer to settle did not require the offer to be for all of the defendant's liability for costs under UCPR r 721(2)(b). The court found that the District Court Judge was correct in considering the offer to settle as an offer under UCPR r 721.

The court refused the application for leave to appeal and ordered the defendant to pay the costs to be assessed.