CMC Cairns Pty Ltd v Mahon & Anor [2005] QSC 103

State Reporting Bureau jcost)^ l°3> Queensland Government Department of Justice and Attorney-General Transcript of Proceedings Copyright in this transcript is vested in the Crown. Copies thereof must not be made or sold without the written authority of the Director, State Reporting Bureau. SUPREME COURT OF QUEENSLAND CIVIL JURISDICTION JONES J Claim No 173 of 2003 CMC CAIRNS PTY LTD and JOSEPH MAHON and VANESSA MAHON and SYNERGY PTY LTD and CARDNO CCS PTY LTD and RAWLINSONS GROUP PTY LTD CAIRNS ..DATE 18/04/2005 REVISED COPIES ISSUED State Reporting Bureau Date: 19 April, 2005 Plaintiff Defendants First Third Party Second Third Party Third Third Party JUDGMENT YARNING: The publication of information or details likely to lead to the identification of persons in some proceedings is a criminal iffence. This is so particularly in relation to the identification of children who are involved in criminal proceedings or proceedings for heir protection under the Child Protection Act 1999, and complainants in criminal sexual offences, but is not limited to those :ategories. You may wish to seek legal advice before giving others access to the details of any person named in these proceedings. 1 th Floor, The Law Courts, George Street, Brisbane, Q. 4000 Telephone: (07) 3247 4360 Fax: (07) 3247 5532 -- 1 of 3 -- 18042005 D.l T4/GRB M/T CNS1/2005 (Jones J) HIS HONOUR: Well, look, ladies and gentlemen, I am satisfied 1 that the proper course for all the costs of this expert to be kept identifiable in relation to all reports, both preliminary and final. I am satisfied that the final reports, which does draw upon the work which has been undertaken in the preliminary report. There is complaint that that report did not allow, or that it ought to have allowed the plaintiff to identify in its pleadings, the conduct of engineer and/or architect in causing delay. 10 20 These are issues that are going to be resolved finally, and the ultimate question of costs - including the costs of the expert - will result in payment perhaps by one or more unsuccessful party. 30 The point of this application is simply to identify by whom and in what proportion the outlay will be made for the expert's fees. It is not a final determination of who 40 ultimately will bear these costs, but it is the matter of trying to establish a fair basis upon which the reports should be paid for now. I am satisfied that the work undertaken in the preliminary report was a necessary part of the expert's work in order to continue to provide expert opinion to all parties as in accordance with the document headed "Instructions to Expert". 2 JUDGMENT 60 -- 2 of 3 -- 18042005 D.l T4/GRB M/T CNS1/2005 (Jones J) It will be simpler in the end result and, in my view, more equitable now, for the costs of that outlay to be borne between the parties in the manner which is proposed in the draft order A which has been put before me. I will therefore make orders in terms of that order A. MR MORZONE: As your Honour pleases. HIS HONOUR: That draft will be initialled by me and placed with the papers. MR MORZONE: And otherwise costs reserved, or on the cause ----- HIS HONOUR: Yes. I will reserve the question of the costs of this application. 3 JUDGMENT -- 3 of 3 --