Premature service of Costs Statement pursuant to rule 692 - amendments to pleadings

MaMap v Sharpe [2014] QDC 99

The Defendant, served a Costs Statement to the Plaintiffs Solicitors purporting to be pursuant to rules 15 and 692 of the Uniform Civil Procedure Rules. Rule 692 stated that “This rule does not apply to a party who amends a document because of another party’s amendment or default” and at subparagraph (2) “A party who amends a document must pay the costs thrown away by the amendment unless the Court otherwise orders.”

His Honour considered the delivery of a Costs Statement pursuant to Chapter 17 to be novel, contrary to accepted practice and would unnecessarily add to the costs of litigation. His Honour considered Judge Durward on two previous occasions had the opportunity to consider costs thrown away however no submission were made regarding costs thrown away or that they were differed until the outcome of litigation was know. His Honour ordered that the costs statement served by the defendant’s solicitor on the plaintiff’s solicitor on the 24th of March 2014 be struck out and that the defendant respondent pay the plaintiff applicants’ costs of and incidental to the 45 application on the indemnity basis