Forostenko v Springfree Trampoline Australia Pty Ltd (No. 2)
[2024] QSC 126 · Hindman J
This was the costs decision following a trial in which the plaintiff recovered $744,175 for a foot injury suffered while jumping on a Springfree trampoline on Christmas Day 2017. The defendant manufacturer had contested both fault and the amount of damages at trial and lost. Because the plaintiff had earlier made settlement offers the defendant rejected, he asked the court to make the defendant pay his legal costs at the higher 'indemnity' rate. The court declined. It noted the plaintiff had only clearly made out the part of his case he ultimately won shortly before trial, had abandoned several arguments and succeeded on only about a fifth of the damages he claimed. Balancing these factors, the judge ordered the defendant to pay the plaintiff's costs on the ordinary 'standard' basis, assessed on the lower District Court scale because the award fell within that court's limits.
Note: The defendant manufacturer later appealed the substantive decision and won, undoing the award of damages, and causing costs to actually be payable by the plaintiff to the defendant.
Incident & injury
Foot injury suffered while jumping on a Springfree trampoline
- Body regions
- Ankle / foot, Foot
- Incident date
- 25 December 2017
Quick facts
- Date of judgment
- 19 June 2024
- Claim type
- PIPA Public Liability
- Proceeding
- Costs
- Plaintiff outcome
- N/A
- Plaintiff age at injury
- Occupation
- Not stated
Outcome
This is the costs decision following a contested trial in which the plaintiff recovered $744,175 against the trampoline manufacturer. Despite the plaintiff having beaten his settlement offers, the court declined indemnity costs given the plaintiff's late-developing case, abandoned allegations and limited success, ordering the defendant to pay the plaintiff's costs on the standard basis assessed on the District Court scale.
Defendant
1 Springfree Trampoline Australia Pty Ltd
Manufacturer
- Judgment against this defendant
- $744,175
Key issues
Forostenko v Springfree Trampoline Australia Pty Ltd (No. 2) [2024] QSC 126
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