Baird v State of Queensland [2003] FCA 1582

Baird v State of Queensland [2003] FCA 1582

Because the applicants knew by August that the alternative basis for liability was possibly available but did not raise it until the week before trial, the adjournment was substantially the result of their default and they should pay the first and second respondents' costs thrown away by the adjournment and the costs of the appearances on 5 December 2003.

Jurisdiction
Australia
Judgment Date
05 December 2003
Procedural Posture
Federal Court Civil Proceeding / Costs Following Adjournment of Trial After Late Proposed Amendment to Statement of Claim
Outcome
Applicants ordered to pay the first and second respondents' costs thrown away by the adjournment and costs of appearances.
Legal Topics
['adjournment of Trial' 'amendment of Statement of Claim' 'costs Thrown Away' 'default Causing Adjournment']
['civil Procedure' 'costs'] ['adjournment of Trial' 'amendment of Statement of Claim' 'costs Thrown Away' 'default Causing Adjournment']

Case Brief

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Procedural Posture

Federal Court Civil Proceeding / Costs Following Adjournment of Trial After Late Proposed Amendment to Statement of Claim

Legal Issues

  1. 1 ['How to deal with costs thrown away by the adjournment of the trial.' "Whether the adjournment was substantially the result of the applicants' default in raising the proposed amendment at a late stage."]

Ratio Decidendi

Because the applicants knew by August that the alternative basis for liability was possibly available but did not raise it until the week before trial, the adjournment was substantially the result of their default and they should pay the first and second respondents' costs thrown away by the adjournment and the costs of the appearances on 5 December 2003.

Court Disposition

Applicants ordered to pay the first and second respondents' costs thrown away by the adjournment and costs of appearances.

Orders

  • ['The applicants pay the costs of the first and second respondents thrown away by the adjournment, which costs include the appearances in Cairns on 1 December 2003.' 'The applicants pay the costs of the first and second respondents of and incidental to their appearances today.']