In the case of Stewart v Metro North Hospital and Health Service (No 2) [2024] QSC 95, the plaintiff, Michael Stewart, represented by his litigation guardian Carol Schwarzman, filed a claim against the Metro North Hospital and Health Service for damages following an admitted breach of duty of care in providing him with medical treatment. The plaintiff was awarded $2,190,505.48 in damages for personal injuries. The primary issue at hand was the dispute over settlement offers and the allocation of costs.
The defendant made an offer to settle under rule 361 of the Uniform Civil Procedure Rules 1999 (Qld) (UCPR), which the plaintiff rejected. The plaintiff argued that the offer was invalid as it did not settle all aspects of the claim, specifically leaving fund management and administration fees to be determined later. The court agreed with the plaintiff, finding the offer did not comply with r 353, thus not activating rule 361’s cost consequences.
Justice Cooper ordered the defendant to pay the plaintiff's costs up to and including the date of the offer (17 July 2023) on a standard basis, but decided there would be no order as to costs post-offer.