Ebber & Ebber v Isager [1994] QSC 63

s;cqy:/o 63 ~ . OA• State Reporting Bureau 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 Bu:eau.) SUPREME--COURT OF QUEENSLAND . r· JURISDICTION l// WHITE J No 2051 of 1990 CLEMENS EBBER and URSULA EBBER and JOHN COLIN ISAGER BRISBANE .. DATE 23/02/94 ORDER Plaintiffs Defendant 1 4th Floor, The Law Courts, George Street, Brisbane, Q. 4000 Telephone: (07) 227 4360. Facsimile: (07) 227 5532 -- 1 of 3 -- ------------- --- 230294 ck (White J) HER HONOUR: The first order is that the issue of liability be heard and determined separately and prior to -the issue of _damages unless otherwise ordered by the Court. The further orders are: (a) that discovery and inspection in the old action are 10 deemed to be discovery and inspection in this action; (b) that supplementary mutual discovery and inspection be within 28 days of today's date; (c) that interrogatories, if any, be delivered within 14 ' days of inspection and answers 21 days thereafter; 20 0 ' (d) that the defendant, his legal advisors and experts be permitted upon reasonable notice to inspect, etcetera; (e) that the parties exchange the experts' reports upon 0 which they propose to rely not less than 21 days prior to the date fixed for hearing; 30 (f) that there be liberty to apply on the giving of three days' notice in writing; (g) that the Registrar of the District Court accord this 0matter such priority as he may be able; (h) that the costs of this first hearing be costs in the 4o cause; and (i) that the matter be remitted to the District Court in Ipswich; In relation to the costs of summons, it seems to me that much was achieved on the part of the applicant. On the other hand, so what is a fairly fundamental issue was not in·fact decided in favour of the applicant. It is not easy to deal with these things without going fully to taxation, which obviates any savings at all, in my view, li you are going to deal with it 60 ORDER 2 ~~~ ------- ---- --------- -- 2 of 3 -- , ' < 230294 ck (White J) on a taxation basis issue by issue. Doing the best I can in relation to the overall effect of the orders that were made, it seems to me that each party is entitled to 50 per cent of the costs of and incidental to the application that was made, and I so order. 10 I further order that the respondent pay the applicant's costs of and incidental to the costs thrown away on 14 December 1993 to be taxed. 20 30 . 2 - 7 t 40 50 60 ORDER 3 -- 3 of 3 --