Stubberfield v Lippiatt

[2006] QSC 308

SUPREME COURT OF QUEENSLAND

CITATION:

Stubberfield v Lippiatt  [2006] QSC 308

PARTIES:

JOHN RICHARD STUBBERFIELD

(plaintiff)
v
FREDERICK WALTON LIPPIATT
(first defendant)
LIPPIATT & CO (A FIRM)
(second defendant)

FILE NO/S:

8540 of 2004

DIVISION:

Trial Division

PROCEEDING:

Application

ORIGINATING COURT:

Supreme Court

DELIVERED ON:

26 October 2006

DELIVERED AT:

Brisbane

HEARING DATE:

23 March 2006, 3 October 2006

JUDGE:

Philippides J

ORDER:

The plaintiff pay the defendants’ costs of and incidental to the application, including reserved costs, to be assessed on a standard basis

COUNSEL:

Plaintiff appeared in person
Mr A P J Collins for the first and second defendants

SOLICITORS:

Plaintiff appeared in person
Minter Ellison for the first and second defendants

1. PHILIPPIDES J:  On 3 October 2006 the within proceedings were stayed save for any claim arising out of the payment by the plaintiff to the second defendant of the sum of $3,300, in respect of which liberty to replead was given. 

1. The parties have now provided submissions as to costs, which I have considered.  The defendants have been successful in their application that the proceedings be stayed, save for the claim for $3,300 which the defendants had conceded should not be the subject of any stay.  In the circumstances I am unable to see any basis upon which costs ought not follow the event.  I order that the plaintiff pay the defendants’ costs of and incidental to the application, including reserved costs, to be assessed on a standard basis.