Andre Clive Farmer v Brisbane City Council
[1996] QDC 65
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- Unreported Judgment
- Andre Clive Farmer v Brisbane City Council[1996] QDC 65
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Andre Clive Farmer v Brisbane City Council[1996] QDC 65
Andre Clive Farmer v Brisbane City Council[1996] QDC 65
DISTRICT COURT | No 95 of 1994 |
CIVIL JURISDICTION
JUDGE WOLFE
ANDRE CLIVE FARMER | Plaintiff |
and
BRISBANE CITY COUNCIL | Defendant |
and
WORKER'S COMPENSATION BOARD OF QUEENSLAND | First Third Party |
and
GIO GENERAL LIMITED | Second Third Party |
and
CE HEALTH CASUALTY AND GENERAL INSURANCE LIMITED (ACN 008 482 291) | Third Third Party |
BRISBANE
DATE 18/04/96
JUDGMENT
HER HONOUR: I give judgment for the plaintiff as against the defendant in the sum of $45,000.
I order the defendant pay the plaintiff's costs of the action including reserved costs, if any, to be taxed on the scale appropriate for judgements of less than $50,000.
In the third party proceedings these are the orders I propose to make. The defendant's claims against the first third party are dismissed and I order that the defendant pay the first third party's costs of the third party proceedings including reserved costs, if any, to be taxed on the scale appropriate for judgments of less than $50,000.
I give judgment for the defendant against the second and third third parties in the indemnity proceedings between them.
I order that the second and third third parties pay to the defendant that sum of money which is the equivalent of that part of the judgment obtained by the plaintiff against it in the action which it satisfies.
I declare that pursuant to the policy of insurance between them and the defendant and subject to any excess, the second and third third parties were and are obliged to indemnify the defendant in respect of the plaintiff's claims, and further, that the amount of the excess under the public liability policy in the sum of $25,000 applies in respect of any damages, interests or costs which the defendant is ordered to pay to the plaintiff pursuant to his claims.
Finally, I order that the second and third third parties pay the defendant's taxed solicitor and client costs of its defence in the action and the defendant's taxed party and party costs of the third party proceedings between them.
...
MR DOUGLAS: In other words, I seek an order in addition that the second and third third parties - unless Your Honour has already said-----
HER HONOUR: Are you asking for a Bullock or a Sanderson-----
MR DOUGLAS: Yes.
HER HONOUR: -----because I've deliberately refused that.
MR DOUGLAS: You've deliberately refused it.
HER HONOUR: In my reasons.
MR DOUGLAS: If Your Honour has considered it, that's-----
HER HONOUR: On the basis that you prosecuted the claim against the Board with some vigour.
MR DOUGLAS: If that is the case, Your Honour, I am not sure if I need to but I ask for leave to appeal in respect of that order for costs.
HER HONOUR: Leave is granted if you want it.
MR DOUGLAS: Thank you, Your Honour. I am not sure if I need it or not but I will say it now-----
HER HONOUR: Yes, you're covered if you do.
...
HER HONOUR: Yes. Did anybody else have reserved costs because I'm not sure that I included them in all the orders?
...
HER HONOUR: Well, I might make that in respect of them all. Any costs orders will include reserved costs if any, those words.