Supreme Court - Trial Division

Bert & Ors v Red 5 Limited & Anor [2017] QSC 008 (16/1467) Applegarth J 10 February 2017

Full-text: QSC17-008.pdf


PROCEDURE – COSTS – GENERAL RULE – COSTS FOLLOW THE EVENT – COSTS OF WHOLE ACTION – GENERALLY – where the plaintiffs’ claim was dismissed – where the second, third and fourth plaintiffs were joined later in the proceeding – whether an order for costs should be made against the plaintiffs on a joint and several basis

PROCEDURE – COSTS DEPARTING FROM THE GENERAL RULE – ORDER FOR COSTS ON INDEMNITY BASIS – where the plaintiffs failed to accept the defendants’ formal offer to settle – where the plaintiffs made allegations of dishonesty against the second defendant – whether the plaintiffs’ rejection of the defendants’ offer was unreasonable - whether the plaintiffs’ conduct warrant costs being awarded on an indemnity basis

Uniform Civil Procedure Rules considered

Rule 361 - Costs if offer to settle by defendantRule 681 - General rule about costsRule 703 - Indemnity basis of assessment