SUPREME COURT OF QUEENSLAND
CITATION:
PARTIES:
DAVID HARRY REARDON-SMITH
(plaintiff)
v
ELMER SEBASTIAN TORRES-FARR
(first defendant)
ALLIANZ AUSTRALIA INSURANCE LIMITED
(ABN 15 000 122 850)
(second defendant)FILE NO:
BS803 of 2006
DIVISION:
Trial Division
PROCEEDING:
Trial – Further order
ORIGINATING COURT:
Supreme Court at Brisbane
DELIVERED ON:
16 January 2007
DELIVERED AT:
Brisbane
HEARING DATE:
20-21 July 2006
JUDGE:
Byrne J
ORDER:
CATCHWORDS:
PROCEDURE – JUDGMENTS AND ORDERS – INTEREST ON JUDGMENTS – IN GENERAL – where global sum awarded for past and future economic loss – what proportion of damages awarded should be used to calculate interest
PROCEDURE – COSTS – GENERAL RULE - COSTS FOLLOW THE EVENT – COSTS OF WHOLE ACTION – WHERE MONEY PAID INTO COURT OR OFFER OF COMPROMISE MADE – OFFER OF COMPROMISE MADE – where defendants made mandatory final offer under s 51C Motor Accident Insurance Act – where offer exceeded judgment sum – whether plaintiff should pay defendants’ costs from the date of expiry of the offer
PROCEDURE – COSTS – SCALES OF COSTS – SCALE APPLICABLE – where judgment sum well within the jurisdiction of the District Court – whether costs recoverable by the plaintiff should be paid on the District Court scale
COUNSEL:
M Grant-Taylor SC for the plaintiff
K Howe for the first and second defendantsSOLICITORS:
Schultz Toomey O’Brien for the plaintiff
McInnes Wilson for the first and second defendants
Interest
There is a contest concerning the proportion of the damages to be used in calculating interest. Both sides, however, have urged that an apportionment be made.[1]
[1]Cf the reference in State Government Insurance Office (Queensland) v Biemann (1984) 154 CLR 539, 547 to splitting an award to permit an interest award where the judge is able to do so.
There can be no pretence to precision in this exercise.
Had the plaintiff reached the WQS 192 in 2004, he could have expected to have increased his receipts from prize money and, probably, sponsorship before the trial. And if, by the time of trial, the plaintiff had joined the WCT, again his gross income would have risen by now. Of course, in forming a view about his economic circumstances in such eventualities, outgoings that would necessarily have been incurred in gaining the income have to be brought to account.
The state of the evidence, however, does not enable me to make satisfactory findings about the extent to which economic loss would actually have been sustained if the plaintiff had by now joined the WCT.
There is no alternative to approaching the matter very broadly, avoiding allowing the interest issue to assume disproportionate importance.[2]
Interest will be allowed on half the judgment sum.
Costs
The sum for which judgment is to be entered is less than $90,000.
By a mandatory offer made pursuant to…
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- Case
- [2007] QSC 8
- Decision Date
CaseChat Overview and Summary
The primary legal issues before the court were whether the interest on the damages should be calculated on the full global sum awarded, and if so, what proportion of that sum should be used for the calculation. Additionally, the court had to decide whether the plaintiff should be liable for the defendants' costs from the date of expiry of a final offer of compromise that exceeded the judgment sum. The court also needed to determine the appropriate scale for costs given that the judgment sum was well within the jurisdiction of the District Court.
In resolving these issues, the court held that interest should be calculated on the full global sum awarded, and a specific proportion of that sum should be used for the interest calculation. Regarding the costs, the court found that the plaintiff was not liable for the defendants' costs from the date of expiry of the offer, as the offer had exceeded the judgment sum. Finally, the court concluded that the costs recoverable by the plaintiff should be assessed on the District Court scale, as the judgment sum fell within the jurisdiction of that court.
The court ordered that interest be calculated on the full global sum awarded for past and future economic loss, with a specific proportion of that sum used for the interest calculation. Furthermore, the plaintiff was not to be liable for the defendants' costs from the date of expiry of the final offer of compromise. Finally, the court confirmed that the costs recoverable by the plaintiff would be assessed on the District Court scale.
Orders
Orders of the court
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Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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