Colin Fleming & Company's Bill of Costs, Re [1994] QSC 340 [1996] 1 Qd R 585

In the matter of Supreme Court Action No. 1 of 1987 between DALLAS ELAINE SCOTT as Plaintiff and J.M. and P.M. Hursthouse as the First and Second Defendants and R.A.C.Q. Insurance Pty. Ltd. as the Third Party - and - In the matter of the rules of the Supreme Court of Queensland. JUDGMENT - DEMACK J. DELIVERED the Nineteenth of December, 1994 CATCHWORDS: PRACTICE - Time - O.91, r99 - Applicant sought extension of time under this rule - O.91, r47 - not an exhaustive statement of Taxing Officers powers - Circumstances which allow an extension of time. SOLICITORS: MESSRS Grant & Simpson Applicant MESSRS Colin Fleming Respondent COUNSEL: D. McMeekin Applicant -- 1 of 10 -- -- 2 of 10 -- Defendant JUDGMENT - DEMACK J. DELIVERED the 14th day of December 1994. CATCHWORDS: AGENCY - Contract to appoint plaintiff as sole distributor of defendant in Central Queensland - Contract constantly uses words "Principal" and "Agent" - Plaintiff paid commission and allowance. SOLICITORS: Self Represented Applicant MESSRS Swanwick Murray Roche Respondent COUNSEL: Ms A. McDiarmid Applicant Mr G. Crow Respondent HEARING DATES: 21st November, 1994 -- 3 of 10 -- Will of SYLVIA ETHEL HULL (deceased) AND IN THE MATTER of an Application by SANDRA SUSAN MICHEL and JENNIFER HOPE SCOTT JUDGMENT - DEMACK J. DELIVERED the 23rd day of August, 1994 CATCHWORDS: Wills - Probate and Letters of Administration - Can the Beneficiaries, being of age, override the testators direction that the property be sold. SOLICITORS: MESSRS Lyons O'Shea & Co Applicant MESSRS McKenzie Forbes Respondent COUNSEL: Mr D. McMeekin Applicant Mr G. Britton Respondent HEARING DATES: 25th July, 1994 -- 4 of 10 -- Second Plaintiff AND: VIKTOR GEORGE KATSANEVAS Third Plaintiff AND: BERNARD WAYNE KENDRICK Defendant AND: SUNCORP INSURANCE AND FINANCE Defendant by Election JUDGMENT - DEMACK J. DELIVERED the 14th day of September 1994. CATCHWORDS: NEGLIGENCE - ROAD ACCIDENT - Deceased's truck struck by Defendant's bus whilst attempting a turn - why Defendant failed to keep a proper lookout. DAMAGES - Dependency Claim - Lord Campbell Action - Deceased had survived a wife and two young children - Deceased had a successful earth moving business - Deceased's wife limited role as partner in business - Time period allowable for childrens future care - Affect of Coroney Artery Disease of Deceased on the Plaintiff's award. SOLICITORS: MESSRS V.A.J. Byrne & Co. Plaintiff MESSRS Shine Murdoch Defendant COUNSEL: Mr D. McMeekin Plaintiff Mr W. Geraghty Defendant HEARING DATES: 29th July, 1994 and 24th August, 1994 -- 5 of 10 -- -- 6 of 10 -- AND: PETER WALTER LOCHER Second Plaintiff AND: KAREN TURNER Defendant JUDGMENT - DEMACK J. DELIVERED the Twenty-Second day of December, 1994 CATCHWORDS: NEGLIGENCE - Professional Negligence - Plaintiff diagnosed with bowel cancer - Life expectancy of no more than twelve months - failure of defendant to review provisional diagnosis - deprive plaintiff of opportunity of undergoing further tests CONTRIBUTORY NEGLIGENCE - Obligation on patient to disclose fully the symptoms - duty on medical practitioner to illicit a reliable history - no reduction of second plaintiffs damages as liability not as a result of a fault by second plaintiff DAMAGES - Measure of - Assessed on basis there was a loss of chance of having surgery - not unreasonable for plaintiff to claim under specific damages for treatment outside the sphere of medicine DAMAGES - CONSORTIUM CLAIM - Right to claim is not in the life but in the service or consortuim during life SOLICITORS: MESSRS Macrossan & Amiet Plaintiff MESSRS Flower & Hart Defendant COUNSEL: Mr S. Jones Q.C. Plaintiff Mr S. Williams Q.C. -- 7 of 10 -- -- 8 of 10 -- THE DIRECTOR-GENERAL, Department of the Premier Economic & Trade Development, Executive Building, 100 George Street, Brisbane in the said State Respondent JUDGMENT ON COSTS - DEMACK J. DELIVERED the 11th day of October 1994 CATCHWORDS: JUDICIAL REVIEW - Costs - Unsuccessful - Applicant seeks each party to pay own costs - Successful because of unnecessary confusion, unnecessary complexity and injustice of decision applicant sought to review. SOLICITORS: MESSRS Kenny & Partners Applicant MESSRS Crown Solicitor Respondent HEARING DATES: Written submissions. -- 9 of 10 -- AND: THE DIRECTOR-GENERAL, Department of the Premier, Economic & Trade Development, Executive Building, 100 George Street, Brisbane in the said State. Respondent JUDGMENT - DEMACK J. DELIVERED the 14th day of September 1994 CATCHWORDS: JUDICIAL REVIEW - Decision - Applicant seeks review of decision of Executive Director of Economic Development - Applicant advised of policy of land acquisition - Applicant sought acquisition but request denied by respondent. SOLICITORS: MESSRS Kenny & Partners Applicant MESSRS Crown Solicitor Respondent COUNSEL: Mr F. Redmond & Wagner Applicant Mr I Hanger Q.C. Respondent HEARING DATES: 15th & 16th August, 1994 -- 10 of 10 --