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ARTICLE · 20 MARCH 2012

PIPA costs – when the plaintiff's liability arguments fail to impress the court

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The costs of completing the legislated PIPA pre-proceedings steps may not be recoverable if the claim is dismissed.

AustraliaInsurance
Sephora Johnston
Sephora Johnston
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Focus: Swindells v Hosking & Anor (No 2) [2012] QDC 17
Services: Insurance
Industry Focus: Insurance

This recent Queensland District Court decision considered a defendant's ability to recover costs of a claim brought pursuant to the provisions of the Personal Injuries Proceedings Act 2002 (PIPA) against an unsuccessful plaintiff.

Facts

The plaintiff alleged sustaining personal injury to his left ankle whilst inspecting a rural property and business chattels which he had agreed to purchase. At all material times the defendants (self-represented) were the registered owners of the property.

Justice Dorney QC found that the defendants were not liable for what occurred. The court is of course required to assess quantum in any event, and it was assessed in the sum of $49,665.40.

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