Shepherd v Nominal Defendant (No 2)
[2020] QSC 228
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- Unreported Judgment
- Shepherd v Nominal Defendant (No 2)[2020] QSC 228
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Shepherd v Nominal Defendant (No 2)[2020] QSC 228
Shepherd v Nominal Defendant (No 2)[2020] QSC 228
SUPREME COURT OF QUEENSLAND
CITATION: | Shepherd v Nominal Defendant (No 2) [2020] QSC 228 |
PARTIES: | Chase Shepherd BHLG Bou Shepherd (Plaintiff) v Nominal Defendant (Defendant) |
FILE NO/S: | SC No 686 of 2016 |
DIVISION: | Trial Division |
PROCEEDING: | On the Papers |
ORIGINATING COURT: | Supreme Court at Townsville |
ORDERS MADE: | 29 July 2020 |
DELIVERED AT: | Townsville |
JUDGE: | North J |
ORDER: |
|
CATCHWORDS: | COSTS |
SOLICITORS: | Premier Compensation for the plaintiff Jensen McConaghy for the defendant |
- [1]I published my reasons for judgment on 26 June 2020. I ordered that there be judgment for the defendant. On that occasion I intimated that in my view costs should follow the event (see reasons at [101]).
- [2]I proposed an order for costs with leave to either party to submit in writing for a different order within 21 days.
- [3]
- [4]In its submissions, the defendant, correctly, reminds me that the plaintiff sued by his Litigation Guardian, his brother. (See reasons at [2], the Consent of Bou Shepherd filed 1/7/2016 and UCPR r 95).
- [5]In the circumstances the plaintiff’s Litigation Guardian is exposed to a liability for costs in the event, as happened here, of an adverse outcome in the litigation.[3]
- [6]The defendant submits that the Litigation Guardian should pay the defendant’s costs of and incidental to the proceeding both in the District Court and in this Court.
- [7]So far as I can determine there is no decisive legal or discretionary consideration that suggest an order following the event as sought by the defendant should not be made (consider UCPR r 681).
- [8]In the circumstances the order for costs should be:
“The Litigation Guardian, Bou Shepherd, pay the defendant’s costs (assessed on the standard basis) of and incidental to:
- The proceeding in the District Court;
- The application for transfer of the proceeding into this Court; and
- The proceeding in this Court.”
Footnotes
[1]See email dated 16 July 2020, Ex 1 on this costs hearing.
[2]See email dated 27 July 2020, Ex 3 on this costs hearing.
[3]See NSW Insurance Ministerial Corps v Abualfoul (1999) FCA 433 at [28], [29] and [30]; N (on behalf of her son N) the State of Queensland (acting through the Dept of Education and the Arts) [2007] QSC 208 at [61].