Burrows v A.W. Bale & Son Solicitors (No. 2)

DISTRICT COURT OF QUEENSLAND CITATION: Burrows v A.W. Bale & Son Solicitors & Anor (No. 2) [2022] QDC 155 PARTIES: KENNETH PATRICK BURROWS (plaintiff) v A.W. BALE & SON SOLICITORS (first defendant) and ANDREW BALE (second defendant) FILE NO/S: 1872 of 2017 DIVISION: Civil PROCEEDING: Costs application ORIGINATING COURT: District Court, Brisbane. DELIVERED ON: 14 July 2022 DELIVERED AT: Brisbane HEARING DATE: On the papers. Submissions received 10 June 2022 and 24 June 2022. JUDGES: Byrne QC DCJ ORDER: 1.   Leave granted to file and read the affidavit of Andrew Orr dated 8 June 2022. 2.   The plaintiff is pay the defendants’ costs of and incidental to the proceedings on the standard basis to and including 9 September 2019. 3.   The plaintiff is to pay the defendants’ costs of and incidental to the proceedings on the indemnity basis from and including 10 September 2019. 4.   These orders are to be read subject to any earlier orders made in relation to costs at any earlier stage of the proceedings. 5.   Liberty to apply. CATCHWORDS:LEGISLATION:CASES: TORTS – NEGLIGENCE – PROFESSIONAL NEGLIGENCE – BREACH OF RETAINER – APPLICATION FOR COSTS – where the defendants were wholly successful in defending an action for professional negligence – where the defendants seek their costs of the proceeding on the indemnity basis – where the plaintiff concedes that the defendants should receive their costs but on the standard basis – where the action had poor prospects of success, particularly in relation to proof of causation of loss...