DISTRICT COURT OF QUEENSLAND
CITATION:
WorkCover Queensland v Klinger Limited [2022] QDC 201
PARTIES:
WORKCOVER QUEENSLAND
(plaintiff)
v
KLINGER LIMITED
(ACN 008 679 838)(defendant)
FILE NO:
D692/2019 & D1342/2019
DIVISION:
Civil
PROCEEDING:
Application
ORIGINATING COURT:
District Court of Queensland
DELIVERED ON:
31 August 2022
DELIVERED AT:
Brisbane
HEARING DATE:
8 June 2022
JUDGE:
Jarro DCJ
ORDERS:
1. In BD692/2019:
(a) There is no order as to costs of the application filed 19 January 2021.
(b) Pursuant to UCPR 386, the defendant pay the costs thrown away as a result of the defendant’s amendments to its defence filed 22 September 2021.
(c) There is no order as to costs of the application filed 6 April 2022.
(d) The defendant’s application filed 4 May 2022 is dismissed.
(e) Pursuant to UCPR 304(2), there is leave for the plaintiff to discontinue the proceeding and pursuant to UCPR 307, the plaintiff is to pay the defendant’s costs of the proceeding on the standard basis.
2. In BD1342/2019:
(a) The defendant pay the plaintiff’s costs of the application filed 9 February 2021.
(b) Pursuant to UCPR 386, the defendant pay the costs thrown away as a result of the defendant’s amendments to its defence filed 22 September 2021.
(c) There is no order as to costs of the application filed 6 April 2022.
(d) Pursuant to UCPR 304(2), there is leave for the plaintiff to discontinue the proceeding and pursuant to UCPR 307, the plaintiff is to pay the defendant’s costs of the proceeding on the standard basis.
CATCHWORDS:
APPLICATION – COSTS – PROCEDURE – whether costs arise from leave to discontinue including reserve costs – whether an order for costs thrown away as a result of amendments to defence – where parties sought to recover costs on standard and indemnity basis against one another.
LEGISLATION:
Uniform Civil Procedure Rules 1999 (Qld)
Workers’ Compensation and Rehabilitation Act 2003 (Qld)
COUNSEL: K Holyoak for the plaintiff
R Ashton QC with A Giurtalis for the defendant
SOLICITORS: BT Lawyers for the plaintiff
Baker McKenzie Lawyers for the defendant
There are two proceedings involving the plaintiff and the defendant where the parties have substantially resolved the litigation between them, subject to the exercise of judicial discretion of leave to discontinue the proceedings and costs. These reasons principally concern the aspect of costs because there is no reason why the court should not grant leave for the plaintiff to discontinue the proceedings, especially when the defendant does not oppose the discontinuance.
By way of brief background, the plaintiff commenced a proceeding (D692/2019) against the defendant by a claim and statement of claim filed 27 February 2019 (“the Jones proceeding”). The plaintiff also commenced a separate proceeding (D1342/19) against the defendant, as well as four other defendants, by claim and statement of claim filed 17 April 2019 (“the Simpson proceeding”). Regarding the Simpson proceeding, the claims against the four other defendants were not pressed, the result of which left only the plaintiff and the defendant in each proceeding. Essentially…
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- AGLC
- WorkCover Queensland v Klinger Limited [2022] QDC 201
- Case
- [2022] QDC 201
- Decision Date
CaseChat Overview and Summary
The tribunal examined the circumstances under which the leave to discontinue was granted and the implications of those circumstances for the allocation of costs. It considered whether the costs thrown away due to amendments to the defence should be borne by the defendant, as the party responsible for those amendments. Furthermore, the tribunal assessed the requests for costs on a standard and indemnity basis, taking into account the specific provisions of the Uniform Civil Procedure Rules (UCPR).
The tribunal ruled that there would be no order regarding the costs of the application filed on 19 January 2021, but that the defendant should pay the costs thrown away due to its amendments to the defence filed on 22 September 2021, as per UCPR 386. It dismissed the defendant's application filed on 4 May 2022 and granted the plaintiff leave to discontinue the proceeding, with the plaintiff required to pay the defendant's costs on the standard basis under UCPR 307. In another proceeding, the tribunal ordered the defendant to pay the plaintiff's costs of the application filed on 9 February 2021 and the costs thrown away due to amendments to its defence, with the plaintiff also granted leave to discontinue and required to pay the defendant's costs on the standard basis.
The final orders were that in the first proceeding, the defendant pay the costs thrown away as a result of its amendments to its defence, while the plaintiff was granted leave to discontinue and required to pay the defendant's costs on the standard basis. In the second proceeding, the defendant was ordered to pay the plaintiff's costs of the application and the costs thrown away due to its amendments to its defence, with the plaintiff granted leave to discontinue and required to pay the defendant's costs on the standard basis. No costs were ordered for the applications filed on 6 April 2022 and 4 May 2022.
Orders
Orders of the court
1. In BD692/2019:
(a) There is no order as to costs of the application filed 19 January 2021.
(b) Pursuant to UCPR 386, the defendant pay the costs thrown away as a result of the defendant’s amendments to its defence filed 22 September 2021.
(c) There is no order as to costs of the application filed 6 April 2022.
(d) The defendant’s application filed 4 May 2022 is dismissed.
(e) Pursuant to UCPR 304(2), there is leave for the plaintiff to discontinue the proceeding and pursuant to UCPR 307, the plaintiff is to pay the defendant’s costs of the proceeding on the standard basis.
2. In BD1342/2019:
(a) The defendant pay the plaintiff’s costs of the application filed 9 February 2021.
(b) Pursuant to UCPR 386, the defendant pay the costs thrown away as a result of the defendant’s amendments to its defence filed 22 September 2021.
(c) There is no order as to costs of the application filed 6 April 2022.
(d) Pursuant to UCPR 304(2), there is leave for the plaintiff to discontinue the proceeding and pursuant to UCPR 307, the plaintiff is to pay the defendant’s costs of the proceeding on the standard basis.
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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