Paradise Grove Pty Ltd v Stubberfield

SUPREME COURT OF QUEENSLAND

CITATION: 

Paradise Grove Pty Ltd v Stubberfield & Another [2002]
QSC 003

PARTIES: 

PARADISE GROVE PTY LTD
(plaintiff/respondent)
v
JOHN RICHARD STUBBERFIELD
(first defendant/applicant)
DOROTHY MAY STUBBERFIELD
(second defendant/applicant)

FILE NO: 

S 7852 of 1996

DIVISION: 

Trial Division

PROCEEDING: 

Application

DELIVERED ON: 

8 January 2002

DELIVERED AT: 

Brisbane

HEARING
DATES: 

27 September and 1 November 2001

JUDGE: 

Wilson J

ORDERS: 

1.	That the plaintiff’s claim against the defendants in proceeding S 7852 of 1996 be dismissed.
2.	That enforcement of the orders for costs made by Douglas J on 20 March 2000 and White J on 9 May 2000 be stayed.
3.	That the plaintiff pay the defendants’ costs of and incidental to the proceeding, including their costs of this application, to be assessed on the standard basis.

CATCHWORDS: 

PROCEDURE – SUPREME COURT PROCEDURE – QUEENSLAND – where interlocutory orders made against defendant – where Court of Appeal struck out statement of claim - where plaintiff later consented to judgment in favour of defendant – whether Court of Appeal’s order striking out statement of claim was a “fact” giving single judge of Trial Division power to set aside costs ordered against defendant in previous interlocutory applications and/or in the Court of Appeal pursuant to r 668 of Uniform Civil Procedure Rules

Uniform Civil Procedure Rules 1999 (Qld), r 280(1), r 293(1), r 307, r 668, r 689(1), r 703, r 704

of Taxation (2001) 179 ALR 406, considered.
Colgate-Palmolive Company & Another v Cussons Pty Ltd
(1993) 46 FCR 225, considered.
Fountain Selected Meats (Sales) Pty Ltd v International
Produce Merchants Pty Ltd (1998) 81 ALR 397 at 401,
considered.
O’Neill v Mann [2000] FCA 1680; ACT G 15 of 1994 and
ACT G 29 of 1994, 29 November 2000, considered.
Rockett v The Proprietors of “The Sands” BUP 82 [2001]
QCA 99; Appeal No 4355 of 2000, 20 March 2001,
distinguished.
Stubberfield v Paradise Grove Pty Ltd [2000] QCA 299;
Appeal No 4796 of 2000, 28 July 2000, considered.

Arundel Chiropractic Centre Pty Ltd v Deputy Commissioner considered.

COUNSEL: 

The first defendant/applicant appeared on his own behalf and
(by leave) on behalf of the second defendant/applicant
MD Martin for the respondent plaintiff

SOLICITORS: 

The first defendant/applicant appeared on his own behalf and
(by leave) on behalf of the second defendant/applicant
Baker Johnson for the respondent plaintiff

[1]

WILSON J: On 10 September 2001 an application was filed by the first and
second defendants (Mr and Mrs Stubberfield) seeking the following relief:

(i)	an order that the action be dismissed and judgment entered for the defendants pursuant to r 280(1) or r 293(1) of the Uniform Civil Procedure Rules;
(ii)	a declaration pursuant to rr 689(1) and 307(1)(a) of the UCPR that the defendants are entitled to recover from the plaintiff -

(a)	out of pocket expenses in action 7582 of 1996, appeal 2071 of 2000, application 4796 of 2000, and all interlocutory proceedings thereon;
(b)	“any costs determined by the…