Murdoch v Lake (No 2)
[2013] QSC 279
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- Unreported Judgment
- Appeal Determined (QCA)
- Murdoch v Lake (No 2)[2013] QSC 279
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Murdoch v Lake (No 2)[2013] QSC 279
Murdoch v Lake (No 2)[2013] QSC 279
SUPREME COURT OF QUEENSLAND
PARTIES: | |
FILE NO: | |
Trial Division | |
PROCEEDING: | Trial |
DELIVERED ON: | 15 October 2013 |
DELIVERED AT: | Brisbane |
HEARING DATE: | Written submission on costs received 8 and 11 October 2013 |
JUDGE: | Margaret Wilson J |
ORDER: | The plaintiff pay the defendant’s costs of: |
CATCHWORDS: | PROCEDURE – COSTS – GENERAL RULE – COSTS FOLLOW THE EVENT – COSTS OF WHOLE ACTION – GENERALLY – where the plaintiff’s application for leave to amend and leave to replead was refused – where the plaintiff’s claim was dismissed – where the defendant sought its costs of the plaintiff’s application, its cross-application and the proceeding, including reserved costs – whether costs should be awarded on the terms sought |
COUNSEL: | AJ Greinke for the plaintiff D Kelly QC, M Hodge for the defendant |
SOLICITORS: | Morgan Conley Solicitors for the plaintiff Hopgood Ganim for the defendant |
[1] MARGARET WILSON: On 2 October 2013 I refused the plaintiff’s application for leave to amend the claim and to file a fourth amended statement of claim, and refused to give leave to replead. I dismissed the claim.
[2] The defendant has made written submissions in support of the following costs order:
The plaintiff pay the defendant’s costs of:
(a)the plaintiff’s application filed 22 April 2013;
(b)the defendant’s application filed 24 April 2013;
(c)the proceeding, including reserved costs.
[3] The plaintiff does not oppose this.
[4] I order accordingly.