Miller v WorkCover Queensland

[2024] QDC 167

DISTRICT COURT OF QUEENSLAND

CITATION:

Miller v WorkCover Queensland [2024] QDC 167

PARTIES:

LISA MILLER
(Plaintiff)
v
WORKCOVER QUEENSLAND

(Defendant)

FILE NO:

DC No 2604 of 2022

DIVISION:

Civil

PROCEEDING:

Costs

ORIGINATING COURT:

District Court at Brisbane

DELIVERED ON:

1 October 2024

DELIVERED AT:

Brisbane

HEARING DATE:

On the papers: written submissions 25 September 2024.

JUDGE:

Loury KC DCJ

ORDERS:

1.          The plaintiff is to pay the defendant’s costs on the standard basis from 7 September 2022.

CATCHWORDS:

CIVIL PROCEDURE – PERSONAL INJURY – COSTS – where the plaintiff’s claim was dismissed – where no award of damages was made – application of s 316(2)(b) Workers’ Compensation and Rehabilitation Act 2003 (Qld)

LEGISLATION:

Workers’ Compensation and Rehabilitation Act 2003 (Qld)

CASES:

Miller v WorkCover Queensland [2024] QDC 156

COUNSEL:

The plaintiff was self-represented

J Sorbello for the defendant

SOLICITORS:

The plaintiff was self-represented

Cooper Grace Ward for the defendant

1. On 18 September 2024 I published reasons following a six-day trial of the plaintiff’s claim against the defendant, in which I made orders dismissing the claim.[1] It now follows that orders as to costs must be made. The plaintiff made no submissions as to the payment of costs. 

   [1] Miller v WorkCover Queensland [2024] QDC 156.

2. Any order for costs in this matter is governed by Chapter 5, Part 12, Division 2 of the Workers Compensation and Rehabilitation Act 2003 (Qld) (WCRA) as the plaintiff has a degree of permanent impairment of less than 20 percent.    

3. The defendant made a written final offer of settlement which was refused by the plaintiff. Pursuant to s 316(2)(b) of the WCRA I order that the plaintiff pay the defendant’s costs on the standard basis from 7 September 2022.