Stokes v House with No Steps (No 2)

SUPREME COURT OF QUEENSLAND

CITATION:

Stokes v House With No Steps (No 2) [2016] QSC 124

PARTIES:

KELLY MAI STOKES

(plaintiff)

v

HOUSE WITH NO STEPS

(defendant)

FILE NO:

BS3037/16

DIVISION:

Trial Division

PROCEEDING:

Application for costs on written submissions

DELIVERED ON:

10 June 2016

DELIVERED AT:

Brisbane

HEARING DATE:

Written submissions as to costs received 18-19 May 2016

JUDGE:

Jackson J

ORDER:

The order of the court is that:

1. the plaintiff pay WorkCover Qld’s costs of the proceeding from 25 February 2013 to be assessed on the standard basis.

CATCHWORDS:

WORKERS’ COMPENSATION – PROCEEDINGS TO OBTAIN COMPENSATION – DETERMINATION OF CLAIMS – COSTS – GENERALLY – where the insurer made a written final offer and the court later dismissed the plaintiff’s claim – whether to award costs on the standard basis

Workers’ Compensation and Rehabilitation Act 2003 (Qld), s 316

COUNSEL:

R C Morton for the defendant

SOLICITORS:

Hall Payne Lawyers for the plaintiff

Hopgood Ganim for the defendant

Jackson J: Judgment was given on 11 April 2016 dismissing the plaintiff’s claim[1] and it was directed that the parties may make submissions as to costs in writing.
[1]Stokes v House With No Steps [2016] QSC 79.

It is common ground s 316 of the Workers’ Compensation and Rehabilitation Act 2003 (Qld) as it stood at the date of injury (15 August 2010) applies to the determination of costs.

By s 316(2)(b), if a claimant or insurer makes a written final offer of settlement that is refused the court must, if the court later dismisses the worker’s claim, make an order that the worker pay the insurer’s costs on the standard basis from the day of the final offer.

In the present case, the parties exchanged written final offers on 25 February 2013. WorkCover Qld is the insurer.

Accordingly, the order should be that the plaintiff pay WorkCover Qld’s costs of the proceeding from 25 February 2013 to be assessed on the standard basis.

CaseChat Overview and Summary

Stokes v House with No Steps (No 2) involved a dispute between the plaintiff, Stokes, and the defendant, WorkCover Qld, concerning workers’ compensation claims. The plaintiff sought compensation for injuries sustained during his employment, which the defendant had initially denied. After the defendant made a written final offer and the court dismissed the plaintiff's claim, the issue arose as to whether the plaintiff should be ordered to pay the defendant's costs of the proceeding.

The court was required to determine whether the plaintiff should bear the costs of the proceeding following the dismissal of his claim. This involved assessing the circumstances under which costs might be awarded on the standard basis, particularly after the defendant had made a written final offer that was later deemed unnecessary due to the dismissal of the plaintiff's claim. The court had to balance the principles of fairness and the statutory provisions governing costs in workers’ compensation matters.

In reaching its decision, the court considered the statutory framework governing workers’ compensation proceedings in Queensland, including the relevant provisions of the Workers' Compensation and Rehabilitation Act 2003. The court noted that the dismissal of the plaintiff's claim after the defendant's written final offer warranted a review of the costs incurred from a specific date onwards. The court concluded that it was appropriate to order the plaintiff to pay the defendant's costs from 25 February 2013, to be assessed on the standard basis, reflecting the circumstances of the case and the statutory requirements.

The court ordered that the plaintiff pay WorkCover Qld's costs of the proceeding from 25 February 2013, to be assessed on the standard basis. This decision was based on the dismissal of the plaintiff's claim after the defendant had made a written final offer, and it was deemed just and reasonable under the applicable legal framework.

Orders of the court

The order of the court is that:

1. the plaintiff pay WorkCover Qld’s costs of the proceeding from 25 February 2013 to be assessed on the standard basis.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established

CITATION:	Stokes v House With No Steps (No 2) [2016] QSC 124
PARTIES:	KELLY MAI STOKES (plaintiff) v HOUSE WITH NO STEPS (defendant)
FILE NO:	BS3037/16
DIVISION:	Trial Division
PROCEEDING:	Application for costs on written submissions
DELIVERED ON:	10 June 2016
DELIVERED AT:	Brisbane
HEARING DATE:	Written submissions as to costs received 18-19 May 2016
JUDGE:	Jackson J
ORDER:	The order of the court is that: 1. the plaintiff pay WorkCover Qld’s costs of the proceeding from 25 February 2013 to be assessed on the standard basis.
CATCHWORDS:	WORKERS’ COMPENSATION – PROCEEDINGS TO OBTAIN COMPENSATION – DETERMINATION OF CLAIMS – COSTS – GENERALLY – where the insurer made a written final offer and the court later dismissed the plaintiff’s claim – whether to award costs on the standard basis Workers’ Compensation and Rehabilitation Act 2003 (Qld), s 316
COUNSEL:	R C Morton for the defendant
SOLICITORS:	Hall Payne Lawyers for the plaintiff Hopgood Ganim for the defendant