Ryan as Personal Representative of the Estate of the Late Peter John Ryan v Sunshine Coast Hospital and Health Service (No 2)

In the matter of *Ryan as Personal Representative of the Estate of the Late Peter John Ryan v Sunshine Coast Hospital and Health Service (No 2)*, Jarrett J of the Supreme Court of Queensland was required to determine the appropriate orders for costs following proceedings concerning technical aspects of the design and construction of the Sunshine Coast University Hospital. The applicant had brought a claim against the respondent, and both parties had engaged expert evidence.

The central legal issue before the Court was the basis upon which costs should be assessed. Specifically, the Court had to consider whether the costs should be taxed according to the standard Federal Court Rules (FCCR Part 1, Schedule 1) or under Part 40 of the Federal Court Rules, as permitted by FCCR 21.02(2). This determination was influenced by an offer of compromise made by the applicant on 24 January 2020, which the respondent rejected.

Jarrett J reasoned that the respondent's concessions and its own expert evidence indicated that the applicant's complaints had merit from the outset. The Court found that the applicant's submissions were persuasive regarding the assessment of costs. Consequently, the Court ordered that costs be taxed on a party and party basis from the commencement of the proceedings up to and including 31 January 2020. Thereafter, costs were to be assessed on an indemnity basis, reflecting the applicant's offer of compromise made on 24 January 2020, which was open for acceptance until 31 January 2020. The Court concluded that the applicant had ultimately obtained an order more favourable than that sought in the rejected offer.