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  • Unreported Judgment

Di Carlo v Dubois

 

[2006] QCA 94

 

 

COURT OF APPEAL

 

JERRARD JA

 

CA No 9805 of 2001

 

SALVATORE DI CARLO Plaintiff/Respondent
and  
DR PHILIP JAMES DUBOIS

First Defendant/

First Applicant

and  

PHILIP DUBOIS (MEDICAL) PTY LTD

(ACN 010 673 864)

Second Defendant/

Second Applicant

and  

DENNIS RICHARD OSBOURNE,

PHILIP JAMES DUBOIS,

STEPHEN BENNETT KELLER,

PIYOOSH KOTECHA,

GARY EDWARD O'ROURKE,

MARK JAMES READY,

PETER STOREY,

Third Defendant/

Third Applicant

CHARLES BRUCE LEIBOWITZ,

PETER CHARLES LUSH,

MICHAEL DAUNT,

DAVID ALEXANDER NOBLE AND PETER FERGUS LEIGH TRADING UNDER THE FIRM NAME OR STYLE OF QUEENSLAND X-RAY SERVICES

 
and  
DR MICHAEL CORONEOS

Respondent/

Fifth Defendant

 

 

BRISBANE

 

..DATE 23/03/2006

 

 

 

JUDGMENT


JERRARD JA:  This is the formal pronouncement of the orders made by consent in an application filed on 16 September 2003 in Appeal Number 9805 of 2001.  A copy of the orders made by consent, and signed by the plaintiff who appeared in person and by the counsel for the other parties, namely the first, second and third defendants, has been received by the Registry and will be placed with the file.

 

I will, however, read the orders made by consent into the record.  I will refer to one party as the plaintiff for convenience, and to the other parties as the defendants, they being the first, second and third defendants in the action.

 

The orders made by consent are that, firstly, the stay ordered by myself on 18 September 2003 be discharged.

 

Secondly, the costs order in favour of the plaintiff, agreed in the sum of $15,000 be set off against the costs ordered in favour of the first, second and third defendants, by the Court of Appeal on 7 May 2004 in the sum of $16,075.52.

 

Thirdly, the costs orders in favour of the first, second and third defendants made by White J on 25 September 2002 assessed in the sum of $3,404.39, and the orders made by Mackenzie J on 10 March 2004 assessed in the sum of $3,438.71, be set off against the plaintiff's costs of the application filed on 16 September 2003 (including reserved costs) which are agreed in the sum of $4,000.

 

Fourthly, the plaintiff pay to the first, second and third defendants the balance sum of $3,918.62. 

 

As stated, those orders will be placed on the Court file.

 

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Editorial Notes

  • Published Case Name:

    Di Carlo v Dubois & Ors

  • Shortened Case Name:

    Di Carlo v Dubois

  • MNC:

    [2006] QCA 94

  • Court:

    QCA

  • Judge(s):

    Jerrard JA

  • Date:

    23 Mar 2006

Litigation History

No Litigation History

Appeal Status

No Status