Platypus Catering Pty Ltd v Bronte Terrace Pty Ltd

DISTRICT COURT OF QUEENSLAND CITATION: Platypus Catering Pty Ltd v Bronte Terrace Pty Ltd & Anor [2020] QDC 313 PARTIES: PLATYPUS CATERING PTY LTD ACN 162 736 727 AS TRUSTEE FOR THE ROBYN SHEPPARD FAMILY TRUST (plaintiff) v BRONTE TERRACE PTY LTD ACN 064 799 426 (defendant) and ROBYN BENITA SHEPPARD (defendant added by counterclaim) FILE NO: 4 of 2017 DIVISION: Civil PROCEEDING: Claim ORIGINATING COURT: Cairns DELIVERED ON: 4 December 2020 DELIVERED AT: Cairns HEARING DATE: 31 October 2019, 1, 25 November 2019, 13 November 2020. JUDGE: Morzone QC DCJ ORDER: 1.   The defendant will pay the costs of the proceeding of the plaintiff (including reserved costs) to be assessed on the indemnity basis. 2.   The defendant will pay the costs of the proceeding of the defendant by counterclaim (including reserved costs) to be assessed on the standard basis up to and including 25 January 2018 and thereafter on the indemnity basis. CATCHWORDS: CIVIL PROCEDURE – APPLICATION – COSTS – where indemnity costs sought – where judgment no less favourable than offer to settle – whether different costs order appropriate in the circumstances.   LEGISLATION: Uniform Civil Procedure Rules 1999 (Qld) rr 360, 703 & 681 CASES: Latoudis v Casey (1990) 170 CLR 534 Oshlack v Richmond River Council (1998) 193 CLR 72 COUNSEL: C Ryall for the Plaintiff S Hogg for the Defendant C Ryall for the Defendant added by Counterclaim SOLICITORS: Kahler Lawyers for the PlaintiffTrianon Law for the DefendantKahler Lawyers for the Defendant added by Counterclaim The...