Murdoch v Lake (No 2)

[2013] QSC 279

SUPREME COURT OF QUEENSLAND

CITATION:

Murdoch v Lake (No 2) [2013] QSC 279

PARTIES:

MALCOLM ALEXANDER STEPHEN MURDOCH
(plaintiff)

v

STEPHEN MAURICE LINTON LAKE
(defendant)

FILE NO:

BS 9994 of 2010

DIVISION:

Trial Division

PROCEEDING:

Trial

DELIVERED ON:

15 October 2013

DELIVERED AT:

Brisbane

HEARING DATE:

Written submission on costs received 8 and 11 October 2013

JUDGE:

Margaret Wilson J

ORDER:

The plaintiff pay the defendant’s costs of:
(a)  the plaintiff’s application filed 22 April 2013;
(b)  the defendant’s application filed 24 April 2013;
(c)  the proceeding, including reserved costs.

CATCHWORDS:

PROCEDURE – COSTS – GENERAL RULE – COSTS FOLLOW THE EVENT – COSTS OF WHOLE ACTION – GENERALLY – where the plaintiff’s application for leave to amend and leave to replead was refused – where the plaintiff’s claim was dismissed – where the defendant sought its costs of the plaintiff’s application, its cross-application and the proceeding, including reserved costs – whether costs should be awarded on the terms sought

COUNSEL:

AJ Greinke for the plaintiff

D Kelly QC, M Hodge for the defendant

SOLICITORS:

Morgan Conley Solicitors for the plaintiff

Hopgood Ganim for the defendant

1. MARGARET WILSON:  On 2 October 2013 I refused the plaintiff’s application for leave to amend the claim and to file a fourth amended statement of claim, and refused to give leave to replead.  I dismissed the claim.

1. The defendant has made written submissions in support of the following costs order:

The plaintiff pay the defendant’s costs of:

(a)         the plaintiff’s application filed 22 April 2013;

(b)         the defendant’s application filed 24 April 2013;

(c)         the proceeding, including reserved costs.

1. The plaintiff does not oppose this.

1. I order accordingly.