Miller v WorkCover Queensland
[2024] QDC 167
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- Unreported Judgment
- Miller v WorkCover Queensland[2024] QDC 167
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Miller v WorkCover Queensland[2024] QDC 167
Miller v WorkCover Queensland[2024] QDC 167
DISTRICT COURT OF QUEENSLAND
CITATION: | Miller v WorkCover Queensland [2024] QDC 167 |
PARTIES: | LISA MILLER (Plaintiff) v WORKCOVER QUEENSLAND (Defendant) |
FILE NO: | DC No 2604 of 2022 |
DIVISION: | Civil |
PROCEEDING: | Costs |
ORIGINATING COURT: | District Court at Brisbane |
DELIVERED ON: | 1 October 2024 |
DELIVERED AT: | Brisbane |
HEARING DATE: | On the papers: written submissions 25 September 2024. |
JUDGE: | Loury KC DCJ |
ORDERS: |
|
CATCHWORDS: | CIVIL PROCEDURE – PERSONAL INJURY – COSTS – where the plaintiff’s claim was dismissed – where no award of damages was made – application of s 316(2)(b) Workers’ Compensation and Rehabilitation Act 2003 (Qld) |
LEGISLATION: | Workers’ Compensation and Rehabilitation Act 2003 (Qld) |
CASES: | Miller v WorkCover Queensland [2024] QDC 156 |
COUNSEL: | The plaintiff was self-represented J Sorbello for the defendant |
SOLICITORS: | The plaintiff was self-represented Cooper Grace Ward for the defendant |
- [1]On 18 September 2024 I published reasons following a six-day trial of the plaintiff’s claim against the defendant, in which I made orders dismissing the claim.[1] It now follows that orders as to costs must be made. The plaintiff made no submissions as to the payment of costs.
- [2]Any order for costs in this matter is governed by Chapter 5, Part 12, Division 2 of the Workers Compensation and Rehabilitation Act 2003 (Qld) (WCRA) as the plaintiff has a degree of permanent impairment of less than 20 percent.
- [3]The defendant made a written final offer of settlement which was refused by the plaintiff. Pursuant to s 316(2)(b) of the WCRA I order that the plaintiff pay the defendant’s costs on the standard basis from 7 September 2022.
Footnotes
[1] Miller v WorkCover Queensland [2024] QDC 156.