Parker v QFES Commissioner (No 2)

SUPREME COURT OF QUEENSLAND

CITATION:

Parker v QFES Commissioner & Anor (No 2) [2020] QSC 371

PARTIES:

NEIL PARKER

(plaintiff)
v
COMMISSIONER, QUEENSLAND FIRE AND EMERGENCY SERVICES
(first defendant)
MIKE WASSING
(second defendant)

FILE NO/S:

SC No 48 of 2019

DIVISION:

Trial Division

PROCEEDING:

Claim

ORIGINATING COURT:

Supreme Court at Cairns

DELIVERED ON:

11 December 2020

DELIVERED AT:

Cairns

HEARING DATE:

Written submissions received 12 November 2020.

JUDGE:

Henry J

ORDER:

1.   No order as to costs.

CATCHWORDS:

PROCEDURE – CIVIL PROCEEDINGS IN STATE AND TERRITORY COURTS – COSTS – DEPRIVING SUCCESSFUL PARTY OF COSTS – CONDUCT OF PARTY OR PROCEEDING – GENERALLY – where the plaintiff began proceedings by way of claim and statement of claim seeking injunctive relief to restrain a disciplinary process being undertaken by the defendants – where the plaintiff sought such relief on the pleaded basis that the defendants had misused confidential information and or had denied the plaintiff natural justice by refusing him access to information that might have been used to defend himself – where these claims were not successful – where the plaintiff did enjoy some success on an argument raised during the trial but which was not pleaded – where the court declared that the plaintiff had been denied natural justice in relation to the decision to suspend him during the disciplinary process – whether the plaintiff should be deprived of his costs despite his partial success

Uniform Civil Procedure Rules 1999 (Qld), r 681, r 684, r 687

Australand Corporation (QLD) Pty Ltd v Johnson & Ors [2007] QSC 128, cited
Fexuto Pty Ltd v Bosnjak Holdings Pty Ltd (No 3) (1998) 30 ACSR 20, cited
Parker v Commissioner, Fire and Emergency Services [2020] QSC 370, related

COUNSEL:

M Jonsson QC for the plaintiff

A Scott for the defendants

SOLICITORS:

Peters Bosel Lawyers for the plaintiff

G R Cooper, Crown Solicitor for the defendants

1. Mr Parker was suspended from his duties within Queensland Fire and Emergency Service (“QFES”).  He claimed for injunctive relief against the QFES Commissioner and the Commissioner’s delegate Mr Wassing, to prevent them from progressing disciplinary action against him. I recently concluded the trial of that claim..  It only remains to determine costs. 

2. The general rule as to costs, enshrined in r 681 Uniform Civil Procedure Rules1999 (Qld), is that costs “are in the discretion of the court but follow the event, unless the court orders otherwise”. The outcome of the trial was that I declined the injunctive relief sought but declared Mr Wassing failed to ensure Mr Parker’s progressive suspensions were effected in accordance with the principles of natural justice as required by s 33(1) Fire and Emergency Services Act 1990 (Qld).[1] 

   [1]See Parker v Commissioner, Fire and Emergency Services [2020] QSC 370.

3. Mr Parker submits that although he did not achieve the injunctive relief sought, he did, in the event, succeed in securing a form of relief in his favour, so costs should follow the event.  The defendants acknowledge Mr…