DISTRICT COURT OF QUEENSLAND
CITATION:
Russells (a firm) v McCosker [2018] QDC 80
PARTIES:
RUSSELLS (a firm)
(Applicant/Respondent)
v
DEBRA JANET MCCOSKER
(Respondent/Applicant)
FILE NO/S:
498/2017
DIVISION:
Civil
PROCEEDING:
Application
ORIGINATING COURT:
District Court at Brisbane
DELIVERED ON:
16 May 2018
DELIVERED AT:
Brisbane
HEARING DATE:
17 April 2018
JUDGE:
Farr SC DCJ
ORDER:
1. The plaintiff’s application is dismissed.
2. If the plaintiff has not paid the sum of $31,347.25 to the defendant by 5.00 pm on 23 May 2018, then pursuant to r 84(3) of the Uniform Civil Procedure Rules 1999 (Qld) the plaintiff provide to the defendant, by 5.00 pm on 24 May 2018, written notice of the following details of the members of the plaintiff’s partnership, as at the time the plaintiff’s claim was filed, and as at 1 March 2018:
(a) The names and places of residence of each natural person;
(b) The names and registered office of each entity.
3. The defendant’s application seeking a declaration that the plaintiff is not entitled to set-off its liability for costs arising pursuant to the order of Judge Koppenol DCJ made on 21 August 2017 is dismissed.
CATCHWORDS:
COSTS – ASSESSMENT – where it was ordered that the plaintiff pay the defendant’s costs of the application for summary judgment on an indemnity basis – where defendant provided a purported costs statement for assessment of costs – where plaintiff provided a purported notice of objection to the costs statement – where costs assessor was appointed by way of default assessment – where plaintiff’s purported notice of objection not provided to costs assessor – where default assessment occurred and certificate issued – where plaintiff seeks to set aside costs order of the deputy registrar and decision of the costs assessor and have the defendant’s costs reassessed COSTS – ASSESSMENT – requirements for valid cost statements – requirements for valid notices of objection – whether the defendant’s costs statement was valid – whether the plaintiff’s notice of objection was valid
COSTS – SET-OFF – where the plaintiff seeks entitlement to set-off costs – where the defendant seeks declaration that no set-off be permitted – whether set-off of costs is appropriate
PARTNERSHIP – partnership proceeding – where the defendant seeks orders for production of certain information about the partnership from the plaintiff – whether such orders should be made
Uniform Civil Procedure Rules 1999 (Qld) r 84(3), r 703, r 705, r 706, r 708, 709
Tablelands Regional Council v Pensini & Anor (Unreported, Supreme Court of Queensland, Henry J, 19 December 2012)
Elphick v Elliott [2003] 1 Qd R 362
Team Dynamik Racing Pty Ltd v Longhurst Racing Pty Ltd [2008] QSC 36COUNSEL:
J W Peden QC for the applicant/respondent
M E B Williams for the respondent/applicant
SOLICITORS:
Synkronos Legal for the applicant/respondent
ClarkeKann Lawyers for the respondent/applicant
This matter involves cross-applications so for ease of reference, I will refer to “Russells” as the plaintiff and “Ms McCosker” as the defendant throughout this decision.
Background
On 10 February 2017,…
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- Case
- [2018] QDC 80
- Decision Date
CaseChat Overview and Summary
The legal issues before the court included whether the defendant's costs statement was valid, whether the plaintiff's purported notice of objection was valid, and whether the plaintiff was entitled to set-off its liability for costs. The court also considered whether the defendant was entitled to declarations regarding the production of information about the plaintiff's partnership.
The court found that the defendant's costs statement was valid, and the plaintiff's notice of objection was not properly served on the costs assessor. Consequently, the costs assessment was not subject to objection, and the plaintiff's application to set it aside was dismissed. The court also determined that there was no basis for the plaintiff to set-off its liability for costs, and the defendant's application for a declaration to that effect was dismissed. However, the court made an order for the plaintiff to provide certain information about the partnership if the costs were not paid by a specified date.
The court dismissed the plaintiff's application and made orders for the payment of costs and the provision of partnership information, with a specific deadline for compliance. The court also dismissed the defendant's application for a declaration regarding the set-off of costs.
Orders
Orders of the court
1. The plaintiff’s application is dismissed.
2. If the plaintiff has not paid the sum of $31,347.25 to the defendant by 5.00 pm on 23 May 2018, then pursuant to r 84(3) of the Uniform Civil Procedure Rules 1999 (Qld) the plaintiff provide to the defendant, by 5.00 pm on 24 May 2018, written notice of the following details of the members of the plaintiff’s partnership, as at the time the plaintiff’s claim was filed, and as at 1 March 2018:
(a) The names and places of residence of each natural person;
(b) The names and registered office of each entity.
3. The defendant’s application seeking a declaration that the plaintiff is not entitled to set-off its liability for costs arising pursuant to the order of Judge Koppenol DCJ made on 21 August 2017 is dismissed.
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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