QLDQCA
McCoombes v Curragh Queensland Mining Ltd [2001] QCA 379
[2001] QCA 379
Court of Appeal (Qld)|2001-09-14|Before: McMurdo P, Davies JA and Holmes JJudgment of the Court
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Source factsCourt
Court of Appeal (Qld)
Decision date
2001-09-14
Before
McMurdo P, Davies JA and Holmes JJudgment of the Court
Catchwords
- DAMAGES - GENERAL PRINCIPLES - RECOVERY OF COSTS - where action for damages
- commenced in the Supreme Court - where action transferred
- to the District Court
- without costs order - where District Court ordered the defendant pay the
Source
Original judgment source is linked above.
Catchwords
DAMAGES - GENERAL PRINCIPLES - RECOVERY OF COSTS - where action for damagescommenced in the Supreme Court - where action transferredto the District Courtwithout costs order - where District Court ordered the defendant pay theplaintiff's costs taxed on the DistrictCourt Scale - where defendant made offerto settle - where offer rejected - where costs assessment by registrar -wheredefendantobjects to all costs incurred prior to remittal - where registrarunwilling to make order for costs incurred prior to remittal -where orderssought in the Supreme Court - where appeal to District Court from registrar'sfinal assessment of costs - where leavesought to appeal from District CourtJudge's review of registrar's assessment.PROCEDURE - SUPREME COURTPROCEDURE - QUEENSLAND - PRACTICE UNDER RULES OF COURT - REGISTRY AND REGISTRA'S- where registrar had thepower to assess costs incurred prior to remittal unders 77(6)(b)(i) District Court Act 1967 (Qld) PROCEDURE - COSTS -