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  • Unreported Judgment

Murchie v The Big Kart Track Pty Ltd

 

[2002] QSC 68

SUPREME COURT OF QUEENSLAND

CIVIL JURISDICTION

WHITE J

No 2569 of 2000

SHARON LYNETTE MURCHIE

Plaintiff

and

 

THE BIG KART TRACK PTY LTD

First Defendant

and

 

GREGORY NEALE RYAN

Second Defendant

BRISBANE

DATE 18/02/2002

JUDGMENT

HER HONOUR: The order for judgment is that the plaintiff's action against the first and second defendants stands dismissed.

HER HONOUR: I think there is ample authority which suggests that where there is in fact a process for making offers, the situation envisaged by the case of Calderbank v. Calderbank really does not apply. There is no reason why this being between plaintiffs and defendants - it does not involve third parties which - well, between defendants which sometimes give rise to some problems, there is no reason why the provisions of the Rules could not be followed.

Further, if the Rules are to be taken as a guide, as I understand the authorities lay down where they are perhaps silent about a relationship between the parties they should be followed as closely as possible. And if that is the case then, as Mr Grant-Taylor has submitted, it does seem to be the case that defendants get their costs on the standard basis and not on an indemnity basis.

In all the circumstances, if an application is made for costs, as I take it is in any event - is that the case, Mr North?

MR NORTH: Yes, your Honour.

HER HONOUR: Is that opposed Mr Grant-Taylor?

MR GRANT-TAYLOR: No. there's nothing to say about that, your Honour.

HER HONOUR: No. Then the order simply is that the plaintiff pay the defendant's costs of and incidental to the action to be assessed on the standard basis.

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Editorial Notes

  • Published Case Name:

    Sharon Lynette Murchie v The Big Kart Track Pty Ltd

  • Shortened Case Name:

    Murchie v The Big Kart Track Pty Ltd

  • MNC:

    [2002] QSC 68

  • Court:

    QSC

  • Judge(s):

    White J

  • Date:

    18 Feb 2002

Litigation History

No Litigation History

Appeal Status

No Status