Di Carlo v Dubois & Ors [2006] QCA 94

[2006] QCA 94 COURT OF APPEAL JERRARD JA CA No 9805 of 2001 SALVATORE DI CARLO Plaintiff/Respondent and DR PHILIP JAMES DUBOIS First Defendant/ First Applicant and PHILIP DUBOIS (MEDICAL) PTY LTD Second Defendant/ (ACN 010 673 864) Second Applicant and DENNIS RICHARD OSBOURNE, Third Defendant/ PHILIP JAMES DUBOIS, Third Applicant STEPHEN BENNETT KELLER, PIYOOSH KOTECHA, GARY EDWARD O'ROURKE, MARK JAMES READY, PETER STOREY, CHARLES BRUCE LEIBOWITZ, PETER CHARLES LUSH, MICHAEL DAUNT, DAVID ALEXANDER NOBLE AND PETER FERGUS LEIGH TRADING UNDER THE FIRM NAME OR STYLE OF QUEENSLAND X-RAY SERVICES and DR MICHAEL CORONEOS Respondent/ Fifth Defendant BRISBANE ..DATE 23/03/2006 JUDGMENT 1 -- 1 of 3 -- JERRARD JA: This is the formal pronouncement of the orders made by consent in an application filed on 16 September 2003 in Appeal Number 9805 of 2001. A copy of the orders made by consent, and signed by the plaintiff who appeared in person and by the counsel for the other parties, namely the first, second and third defendants, has been received by the Registry and will be placed with the file. I will, however, read the orders made by consent into the record. I will refer to one party as the plaintiff for convenience, and to the other parties as the defendants, they being the first, second and third defendants in the action. The orders made by consent are that, firstly, the stay ordered by myself on 18 September 2003 be discharged. Secondly, the costs order in favour of the plaintiff, agreed in the sum of $15,000 be set off against the costs ordered in favour of the first, second and third defendants, by the Court of Appeal on 7 May 2004 in the sum of $16,075.52. Thirdly, the costs orders in favour of the first, second and third defendants made by White J on 25 September 2002 assessed in the sum of $3,404.39, and the orders made by Mackenzie J on 10 March 2004 assessed in the sum of $3,438.71, be set off against the plaintiff's costs of the application filed on 16 September 2003 (including reserved costs) which are agreed in the sum of $4,000. 2 -- 2 of 3 -- Fourthly, the plaintiff pay to the first, second and third defendants the balance sum of $3,918.62. As stated, those orders will be placed on the Court file. ----- 3 -- 3 of 3 --