The Corporation of the Synod of the Diocese of Brisbane v Greenway Summary

SUPREME COURT OF QUEENSLAND

CITATION:

The Corporation of the Synod of the Diocese of Brisbane v Greenway [2017] QCA 138

PARTIES:

THE CORPORATION OF THE SYNOD OF THE DIOCESE OF BRISBANE
ABN 39 906 010 979
(appellant)
v
RACHEL LOUISE GREENWAY
(respondent)

FILE NO/S:

Appeal No 8913 of 2016
DC No 1047 of 2015

DIVISION:

Court of Appeal

PROCEEDING:

General Civil Appeal – Further Orders

ORIGINATING COURT:

District Court at Brisbane – [2016] QDC 195

DELIVERED ON:

20 June 2017

DELIVERED AT:

Brisbane

HEARING DATE:

Heard on the papers

JUDGES:

Morrison and McMurdo JJA and Bond J
Judgment of the Court

ORDERS:

It is further ordered that:

1. The appellant pay the respondent’s costs on the standard basis of the proceeding in the District Court up to and including 17 February 2015.

2. The respondent pay the appellant’s costs on the standard basis of the proceeding in the District Court from 18 February 2015.

CATCHWORDS:

PROCEDURE – CIVIL PROCEEDINGS IN STATE AND TERRITORY COURTS – COSTS – REGULATED COSTS: GROSS OR FIXED COSTS, LUMP SUM ORDERS OR CAPPING ORDERS AND LIKE MATTERS – PERSONAL INJURY DAMAGES – where the appellant was wholly successful on appeal and had judgment entered against the respondent – where the Court ordered the respondent to pay the appellant’s costs unless written submissions seeking a different order were filed within 14 days of the judgment – where the respondent filed written submissions seeking part of its costs at first instance on the basis of s 313 of the Workers’ Compensation and Rehabilitation Act 2003 (Qld) – where the appellant did not file written submissions – whether the appellant should pay the respondent’s costs up until the date when the appellant made a written final offer which was not accepted by the respondent

Workers’ Compensation and Rehabilitation Act 2003 (Qld), s 313

COUNSEL:

No appearance for the appellant
No appearance for the respondent, the respondent’s submissions were heard on the papers

SOLICITORS:

No appearance for the appellant
Slater and Gordon for the respondent

THE COURT: On 26 May 2017 the Court delivered its judgment in which the appeal was allowed and consequential orders were made. It was further ordered that the respondent pay the appellant’s costs unless written submissions seeking a different order were filed within 14 days.
Within that period, the respondent filed a written submission which was to this effect:
(1)Section 310 of the Workers Compensation and Rehabilitation Act 2003 (Qld) provides that, amongst other sections, s 312 of the Act applies to a claim by a worker where they have a DPI of 20% or more.
(2)The respondent was issued with a Notice of Assessment for a DPI of 20%.
(3)By s 313, if the insurer makes a written final offer which is not accepted, the claim is dismissed and the Court is satisfied that the insurer was at all material times willing and able to carry out what was proposed in the written final offer, the Court must:
(a)order the insurer to pay the claimant’s costs, calculated on the standard basis, up to and including the day of service of the written final offer; and
(b)order the claimant to pay the insurer’s costs, calculated on the standard basis, after the day of service of the written final offer.
(4)Written final offers were exchanged on 17 February 2015.
(5)Consequently, the appellant should pay the respondent’s costs up to that date and the respondent should pay the appellant’s costs from that date.
No submission on costs has been received from the appellant. Therefore the Court will act upon the factual premises of the respondent’s submission and will make the orders which the respondent has sought.
The provisional order for costs made on 26 May was for the costs of the appeal. That order can and should stand, consistently with the respondent’s written submission. It will be further ordered that the appellant pay the respondent’s costs on the standard basis of the proceeding in the District Court up to and including 17 February 2015 and that the respondent pay the appellant’s costs on the standard basis of the proceeding in the District Court from 18 February 2015.

CaseChat Overview and Summary

The Corporation of the Synod of the Diocese of Brisbane brought an appeal against the decision of the District Court, which had dismissed the corporation’s claim for damages resulting from an alleged personal injury. The appeal was wholly successful, and the respondent was ordered to pay the appellant’s costs unless written submissions were filed within 14 days of the judgment. The respondent filed written submissions seeking part of its costs at first instance under s 313 of the Workers’ Compensation and Rehabilitation Act 2003 (Qld), but the appellant did not file written submissions in response. The Court was required to determine whether the appellant should pay the respondent’s costs up until the date when the appellant made a written final offer which was not accepted by the respondent.

The central legal issue before the Court was the interpretation and application of the relevant statutory provisions, specifically s 313 of the Workers’ Compensation and Rehabilitation Act 2003 (Qld), in the context of regulated costs in civil proceedings. The Court considered the statutory framework and relevant case law to determine the appropriate costs order, particularly focusing on the timing and content of the written submissions filed by the parties. The Court held that the respondent was entitled to costs up to the date of the appellant’s final offer, as the appellant’s failure to file written submissions in response to the respondent’s submissions meant that the appellant could not rely on the statutory provision to limit its liability for costs.

In reaching its decision, the Court emphasised the importance of timely and complete submissions in the context of regulated costs. The Court noted that the respondent’s written submissions were compliant with the statutory requirements, and the appellant’s failure to respond within the specified timeframe meant that the respondent was entitled to costs up until the date of the appellant’s final offer. The Court ordered that the respondent pay the appellant’s costs from the date of the final offer, and the appellant pay the respondent’s costs up until that date.

The final orders of the Court were that the appellant pay the respondent’s costs on the standard basis of the proceeding in the District Court up to and including 17 February 2015, and that the respondent pay the appellant’s costs on the standard basis of the proceeding in the District Court from 18 February 2015. This outcome reflected the Court’s interpretation of the statutory provisions and the procedural steps taken by the parties in the proceedings.

Orders of the court

It is further ordered that:

1. The appellant pay the respondent’s costs on the standard basis of the proceeding in the District Court up to and including 17 February 2015.

2. The respondent pay the appellant’s costs on the standard basis of the proceeding in the District Court from 18 February 2015.

The Corporation of the Synod of the Diocese of Brisbane v Greenway

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established

CITATION:	The Corporation of the Synod of the Diocese of Brisbane v Greenway [2017] QCA 138
PARTIES:	THE CORPORATION OF THE SYNOD OF THE DIOCESE OF BRISBANE ABN 39 906 010 979 (appellant) v RACHEL LOUISE GREENWAY (respondent)
FILE NO/S:	Appeal No 8913 of 2016 DC No 1047 of 2015
DIVISION:	Court of Appeal
PROCEEDING:	General Civil Appeal – Further Orders
ORIGINATING COURT:	District Court at Brisbane – [2016] QDC 195
DELIVERED ON:	20 June 2017
DELIVERED AT:	Brisbane
HEARING DATE:	Heard on the papers
JUDGES:	Morrison and McMurdo JJA and Bond J Judgment of the Court
ORDERS:	It is further ordered that: 1. The appellant pay the respondent’s costs on the standard basis of the proceeding in the District Court up to and including 17 February 2015. 2. The respondent pay the appellant’s costs on the standard basis of the proceeding in the District Court from 18 February 2015.
CATCHWORDS:	PROCEDURE – CIVIL PROCEEDINGS IN STATE AND TERRITORY COURTS – COSTS – REGULATED COSTS: GROSS OR FIXED COSTS, LUMP SUM ORDERS OR CAPPING ORDERS AND LIKE MATTERS – PERSONAL INJURY DAMAGES – where the appellant was wholly successful on appeal and had judgment entered against the respondent – where the Court ordered the respondent to pay the appellant’s costs unless written submissions seeking a different order were filed within 14 days of the judgment – where the respondent filed written submissions seeking part of its costs at first instance on the basis of s 313 of the Workers’ Compensation and Rehabilitation Act 2003 (Qld) – where the appellant did not file written submissions – whether the appellant should pay the respondent’s costs up until the date when the appellant made a written final offer which was not accepted by the respondent Workers’ Compensation and Rehabilitation Act 2003 (Qld), s 313
COUNSEL:	No appearance for the appellant No appearance for the respondent, the respondent’s submissions were heard on the papers
SOLICITORS:	No appearance for the appellant Slater and Gordon for the respondent