In the case of Brookfield v State of Queensland (No 2) [2024] QSC 246, the Supreme Court of Queensland dealt with a claim by Ian Walter Brookfield against the State of Queensland. The matter primarily concerned the costs of the proceedings following the dismissal of the plaintiff's claim. The defendant had made an offer to settle under the Uniform Civil Procedure Rules, which the plaintiff did not accept. Consequently, the court ruled that Brookfield should pay the State’s costs on a standard basis until April 3, 2024, and on an indemnity basis thereafter. Brookfield argued that cost determinations should be deferred pending an appeal and alleged the defendant didn’t engage in mediation in good faith. However, the court rejected these arguments, emphasizing that these factors did not displace the usual cost rules given the defendant's success and its reasonable approach to settlement offers.
Full text: https://www.sclqld.org.au/caselaw/149781