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Costs
Anderson v Pickles Auctions Pty Ltd [2022] QSC 265 Cooper J was asked to review a cost assessor’s decision regarding a claim under the Workers’ Compensation and Rehabilitation Act 2003 (WCRA) and costs under the Regulation.  The claim was compromised before trial, and the parties executed a Release and Discharge, which stated the defendant would...
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Yang v WorkCover Queensland [2021] QSC 274 The applicant sought a judicial review of WorkCover’s decision to stop the applicant’s compensation benefits. The applicant made a claim for compensation under the Workers’ Compensation and Rehabilitation Act 2003 (WCRA) after suffering a stroke at work. In the first instance, WorkCover rejected the application. The applicant reviewed...
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Personal Injuries Regulation 2014 12 Prescribed limits for particular definitions—Act, sch 1 (1)This section prescribes the amount for the definitions declared costs limit, lower offer limit and upper offer limit in schedule 1 of the Act. (2)For an injury arising during a period stated in an item of the following table, the amounts stated in the item are prescribed.   Motor Accident Insurance...
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Thomson v State of Queensland & Anor (No 2) [2019] QSC 115 Applegarth J The Supreme Court of Queensland has found that there was “no contest” that a defendant who was ordered to pay more than what was requested by reason of the plaintiff’s mandatory final offer should pay the plaintiff’s costs incurred in pursuing...
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Murphy & Ors v Gladstone Ports Corporation Ltd [2019] QSC 12 Crow J Facts [1] – [2] The three plaintiffs brought an action against the defendant in 2017 as the representative claimants in a representative action. The action alleges negligence in the design and construction of the bund wall for the Fisherman’s Landing Port Expansion...
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McDermott v Manley & Anor [2018] QSC 35 Mullins J Background The applicant was injured in a motor vehicle accident in December 2015. The second respondent, the compulsory third party insurer for the first respondent, participated in a compulsory conference with the applicant in January 2018. The parties were unable to reach a settlement and...
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Clarricoats v JJ Richards & Sons Pty Ltd (No 2) [2018] QSC 30 McMeekin J Background On 29 September 2017, McMeekin J gave judgement for the defendant dismissing the plaintiff’s claim. His Honour gave leave for the parties to make submissions as to costs. The defendant submitted that the plaintiff pay its costs, including reserved...
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Kerr v Kerr & Anor [2017] QSC 323 McMeekin J The deceased died on 15 April 2017, on the same day the first defendant procured the deceased’s signature on a document purporting to be her final Will. The effect of that document was to gift a significant portion of the testatrix’s estate to the second...
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Grieve v Gomez [2017] QDC 298 Muir DCJ The plaintiff was a patient of the defendant, a qualified medical practitioner practising within the state of Queensland. In the pleadings, it was alleged that on either 29 November 2005 or 13 December 2005, the defendant asked the plaintiff if she was interested in becoming his mistress....
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Paskins v Hail Creek Coal Pty Ltd & Anor (No 2) [2017] QSC 213 McMeekin J Further to the trial decision, the plaintiff was successful against the defendants for a personal injuries claim, sustained in the course of his employment under a labour hire arrangement. The cost issues were: Whether the costs order against the...
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