SUPREME COURT OF QUEENSLAND
CITATION:
Mowen v Rockhampton Regional Council [2018] QSC 44
PARTIES:
BEVAN ALAN MOWEN
(Plaintiff)v
ROCKHAMPTON REGIONAL COUNCIL
(Defendant)FILE NO/S:
S449/17
DIVISION:
Trial Division
PROCEEDING:
Application
ORIGINATING COURT:
Supreme Court Rockhampton
DELIVERED ON:
9 March 2018
DELIVERED AT:
Rockhampton
HEARING DATE:
9 February 2018
JUDGE:
McMeekin J
ORDER:
Save for the costs of the application for a vexatious proceedings order the plaintiff to pay the costs of the defendant of the proceedings S449/17 and of the applications heard on 27 November 2017 on the standard basis.
CATCHWORDS:
PROCEDURE – CIVIL PROCEEDINGS IN STATE AND TERRITORY COURTS – COSTS – INDEMNITY COSTS – PARTICULAR CASES – HOPELESS CASE – where solicitors for the defendant had warned the plaintiff in a letter that his action was doomed to failure – where the solicitors for the defendant had informed the plaintiff of the precise basis upon which summary judgment would be sought against him – where a Calderbank offer was made inviting the plaintiff to discontinue his action and in exchange the defendant would bear its own costs – where the plaintiff was advised that if he persisted the defendant would seek indemnity costs – whether the plaintiff should pay the defendant’s costs on an indemnity basis
Uniform Civil Procedure Rules 1999 (Qld) r 171, r 293
Vexatious Proceedings Act 2005 (Qld)Bhagat v Royal and Sun Alliance Life Assurance Australia Ltd [2000] NSWSC 159, cited
Chaina v Alvaro Homes Pty Ltd [2008] NSWCA 353, cited
Hazeldene’s Chicken Farm Pty Ltd v Victorian WorkCover Authority (No 2) (2005) 13 VR 435 at 442, considered
Howe v Lees (1910) 11 CLR 361, cited
J & D Rigging Pty Ltd v Agripower Australia Ltd & Ors [2014] QCA 23, cited
Macedon Ranges Shire Council v Thompson (2009) 170 LGERA 41, cited
Macintosh v Dun [1908] AC 390, cited
Mizikovsky v Queensland Television Ltd [2013] QCA 68, cited
Papaconstuntinos v Holmes à Court (2012) 249 CLR 534, cited
Quach v Health Care Complaints Commission (No 2) [2015] NSWCA 311, distinguished
Salfinger v Niugini Mining (Australia) Pty Ltd (No 4) [2007] FCA 1594, cited
Spalla v St George Motor Finance (No 8) [2006] FCA 1537, cited
Vink v Tuckwell (No 3) (2008) 67 ACSR 547, cited
Wentworth v Rogers (No 5) (1986) 6 NSWLR 534, citedCOUNSEL:
Applicant in person
M Amerena for the respondent
SOLICITORS:
Applicant in person
King & Company Solicitors for the respondent
McMeekin J: The present application concerns the costs orders that ought to be made in light of my reasons delivered on 20 December 2017.[1] I then dealt with various cross applications. Mr Mowen sought to have certain District Court proceedings transferred to the Supreme Court and to have them “joined” to defamation proceedings pending in this Court (S449/17) so that they be heard together. The Rockhampton Regional Council opposed joinder and cross applied in respect of the defamation proceedings brought against the Council:
Keep reading for free
Create a free CaseChat account to read Mowen v Rockhampton Regional Council 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
One click creates your free account or signs you in.
By continuing you agree to the Terms and Privacy Policy.
- Case
- [2018] QSC 44
- Decision Date
CaseChat Overview and Summary
The court considered the circumstances surrounding the plaintiff's decision to proceed with his action despite clear warnings from the defendant's solicitors. It was noted that the plaintiff had been given ample opportunity to discontinue his case and had been advised of the potential for indemnity costs. The court held that the plaintiff's decision to continue with the action was unreasonable and that the defendant's solicitors had acted appropriately in warning the plaintiff of the consequences. Given these circumstances, the court ruled that the plaintiff should bear the defendant's costs on an indemnity basis, except for the costs associated with the application for a vexatious proceedings order.
In summary, the court found that the plaintiff's decision to proceed with his action despite clear warnings and a Calderbank offer was unreasonable. The court determined that the plaintiff should pay the defendant's costs on an indemnity basis, except for the costs associated with the application for a vexatious proceedings order. This decision underscores the importance of heeding legal advice and considering the potential consequences of continuing with a case that has little to no chance of success.
Orders
Orders of the court
Save for the costs of the application for a vexatious proceedings order the plaintiff to pay the costs of the defendant of the proceedings S449/17 and of the applications heard on 27 November 2017 on the standard basis.
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.