Bulsey & Anor v Qld

[2016] QCA 158

Queensland Court of Appeal

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Interrogate

Catchwords

1. Practice and Procedure
2. › Costs
3. › Pre-judgment interest
4. › Rate of interest on non-economic loss
5. › Damages for assault, battery and false imprisonment
6. › Whether loss was progressive in nature
7. › Whether 4% rate should be halved to 2%
8. › Civil Proceedings Act 2011 (Qld), s 58(3)
1. Practice and Procedure
2. › Costs
3. › Indemnity costs
4. › Offers to settle
5. › UCPR offers and mandatory final offers
6. › Whether respondent demonstrated another order for costs was appropriate
7. › Uniform Civil Procedure Rules 1999 (Qld), r 360
1. Practice and Procedure
2. › Costs
3. › Indemnity costs
4. › Calderbank offers
5. › Effect on appeal costs
6. › Whether rejection of offer was unreasonable
1. Practice and Procedure
2. › Costs
3. › Supreme Court or District Court scale
4. › Proceedings within District Court monetary jurisdiction commenced in Supreme Court
5. › Whether court should otherwise order
6. › Uniform Civil Procedure Rules 1999 (Qld), r 697

Quick Take

Practitioners assessing pre-judgment interest on damages for assault, battery and false imprisonment should apply the full 4% Gogic rate rather than halving it to 2%, as these losses are not progressive in nature unlike ongoing personal injury.