Supreme Court - Trial Division

Kerle v BM Alliance Coal Operations Pty Ltd & Ors (No 2) [2017] QSC 007 (11/528) McMeekin J 13 February 2017

Full-text: QSC17-007.pdf


PROCEDURE – COSTS – RECOVERY OF COSTS – MULTIPLE DEFENDANTS – where plaintiff was successful in suit for damages – where the amount of damages had earlier been agreed between the parties – where there is a dispute as to the appropriate costs orders – where liability as between the defendants as well as between the plaintiff and the defendants was in issue – whether the plaintiff’s costs should be on the indemnity or standard basis – whether there are differences between an mandatory final offer made under a statutory regime and a Calderbank offer – whether the defendants should be ordered to pay the plaintiff’s costs in proportions consistent with the apportionment of liability – whether any certification for senior and junior counsel should extend to the whole of the matter or be limited to the trial.

Uniform Civil Procedure Rules considered

Rule 360 - Costs if offer to settle by plaintiffRule 363 - Multiple defendantsRule 703 - Indemnity basis of assessment