Michos v Eastbrooke Medical Centre Pty Ltd (No 2)

The parties involved in this case were Michos and Eastbrooke Medical Centre Pty Ltd. The dispute arose from a medical negligence claim, which led to an appeal against orders of an associate judge who refused to grant a protective costs order under section 65C of the Civil Procedure Act 2010. This was Michos' second appeal, as the associate judge also denied a request for an adjournment of the trial. Both appeals were dismissed, and Michos applied for an extension of time to appeal part of the decision of the associate judge refusing leave to appeal. This application was also refused.

The legal issues the court was required to decide included whether there was good reason to depart from the usual rule that costs follow the event. The court also had to determine if the matter was considered public interest litigation, and if the respondent had breached the overarching obligations under the Civil Procedure Act 2010. Additionally, the court had to consider if Michos' failure to accept the respondent’s Calderbank offer was unreasonable in the circumstances.

In its reasoning, the court found that the matter was not public interest litigation, and the respondent had not breached the overarching obligations under the Civil Procedure Act 2010. The court held that Michos’ failure to accept the respondent’s Calderbank offer was not unreasonable in the circumstances. Consequently, Michos was ordered to pay the respondent's costs on a standard basis.

No further orders were made in the case.