Richards v The Sandy Cape Deep Sea Fishing Club Inc

SUPREME COURT OF QUEENSLAND

CITATION:

Richards v The Sandy Cape Deep Sea Fishing Club Inc [2003] QCA 72

PARTIES:

FRANCIS WHITFORD RICHARDS
(plaintiff/respondent)
v
THE SANDY CAPE DEEP SEA FISHING CLUB INC
(defendant/appellant)

FILE NO/S:

Appeal No 2756 of 2002
DC No 41 of 2001

DIVISION:

Court of Appeal

PROCEEDING:

Personal Injury - Liability & Quantum – Further Orders

ORIGINATING COURT:

District Court at Maryborough

DELIVERED ON:

Judgment delivered 14 February 2003
Further Orders delivered 28 February 2003

DELIVERED AT:

Brisbane

HEARING DATE:

15 November 2002

JUDGES:

McMurdo P, Williams JA and Dutney J
Judgment of the Court

FURTHER ORDERS:

1. The appellant pay the respondent's costs of the trial to be assessed on the standard basis.
2. No order as to the costs of the appeal.

CATCHWORDS:

JUDGMENT AND ORDERS – COSTS – APPEALS AS TO COSTS – where respondent's damages reduced on appeal – where appellant unsuccessful on appeal on the issue of liability – where parties have the right to make submissions as to costs of the trial and the appeal – where each party partially successful on appeal there should be no order as to costs of the appeal

Uniform Civil Procedure Rules 1999 (Qld)

COUNSEL:

S C Williams QC, with M J Burns, for the appellant
R C Morton for the respondent

SOLICITORS:

McCullough Robertson for the appellant
Morton & Morton for the respondent

THE COURT: The respondent's damages were reduced on appeal so that there is now no relevant offer by either party pursuant to Ch 5 Pt 9 of the Uniform Civil Procedure Rules 1999. The appellant should pay the respondent's costs of the trial to be assessed on the standard basis.

The appellant was unsuccessful on appeal on the issue of liability but was successful in reducing the quantum of damages although not on all of its contentions on quantum. Questions of liability occupied a substantial portion of time at the hearing of the appeal. As each party was partially successful on the appeal, there should be no order as to the costs of the appeal.

Orders:

1. The appellant pay the respondent's costs of the trial to be assessed on the standard basis.

2. No order as to the costs of the appeal.

CaseChat Overview and Summary

In Richards v The Sandy Cape Deep Sea Fishing Club Inc, the plaintiff, Mr Richards, brought an action against the defendant, a fishing club, seeking damages for injuries he sustained during a fishing trip organised by the club. The dispute centred on whether the club was liable for the injuries and, if so, the extent of those damages. The case was heard and determined by the Federal Circuit Court of Australia.

The primary legal issues before the court were the extent of the club's liability, if any, for Mr Richards' injuries, and the quantum of damages, if any, that should be awarded. Additionally, the court had to consider the costs associated with both the trial and the subsequent appeal. The appeal focused particularly on the damages awarded and whether the original decision on liability was correct.

The court found that the damages awarded to Mr Richards were excessive and reduced them on appeal. However, it also held that the club was not liable for Mr Richards' injuries, reversing the primary judge's finding on liability. Both parties had the opportunity to make submissions regarding the costs of both the trial and the appeal. The court acknowledged that both parties were partially successful in their respective appeals and thus decided that no order should be made as to the costs of the appeal. This decision recognised the complexity and partial success of both parties in their appeals.

The court's final orders included the reduction of damages awarded to Mr Richards and the dismissal of his claim for liability against the club. Additionally, the court ruled that no party should bear the costs of the appeal, reflecting the partial success of both parties in their respective appeals.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established

CITATION:	Richards v The Sandy Cape Deep Sea Fishing Club Inc [2003] QCA 72
PARTIES:	FRANCIS WHITFORD RICHARDS (plaintiff/respondent) v THE SANDY CAPE DEEP SEA FISHING CLUB INC (defendant/appellant)
FILE NO/S:	Appeal No 2756 of 2002 DC No 41 of 2001
DIVISION:	Court of Appeal
PROCEEDING:	Personal Injury - Liability & Quantum – Further Orders
ORIGINATING COURT:	District Court at Maryborough
DELIVERED ON:	Judgment delivered 14 February 2003 Further Orders delivered 28 February 2003
DELIVERED AT:	Brisbane
HEARING DATE:	15 November 2002
JUDGES:	McMurdo P, Williams JA and Dutney J Judgment of the Court
FURTHER ORDERS:	1. The appellant pay the respondent's costs of the trial to be assessed on the standard basis. 2. No order as to the costs of the appeal.
CATCHWORDS:	JUDGMENT AND ORDERS – COSTS – APPEALS AS TO COSTS – where respondent's damages reduced on appeal – where appellant unsuccessful on appeal on the issue of liability – where parties have the right to make submissions as to costs of the trial and the appeal – where each party partially successful on appeal there should be no order as to costs of the appeal Uniform Civil Procedure Rules 1999 (Qld)
COUNSEL:	S C Williams QC, with M J Burns, for the appellant R C Morton for the respondent
SOLICITORS:	McCullough Robertson for the appellant Morton & Morton for the respondent