Ms P v Mr D [2020] NSWSC 1210

Supreme Court New South Wales

Medium Neutral Citation: Ms P v Mr D [2020] NSWSC 1210 Hearing dates: On the papers Date of orders: 9 September 2020 Decision date: 09 September 2020 Jurisdiction: Common Law Before: Simpson AJ Decision: 1. Pursuant to UCPR r 36.16(1) the judgment of 16 March 2020 is varied by: (i) the addition to the order that the defendant pay the plaintiff's costs of "to be assessed on the ordinary basis until 12 December 2018, and thereafter on the indemnity basis"; and (ii) the deleting from the order one "$853,550" and substituting therefor "$979,550". Catchwords: JUDGMENTS AND ORDERS — amendment, variation or setting aside judgment or order — correction under slip rule – Uniform Civil Procedure Rules 2005 (NSW) rr 36.16(1), 37.17 JUDGMENTS AND ORDERS — interest — pre-judgment interest — where difficulties in determining the period over which the plaintiff's loss accrued – determination of applicable rate of interest over several years Legislation Cited: Civil Procedure Act 2005 (NSW), s 100 Uniform Civil Procedure Rules 2005 (NSW), rr 36.16, 37.17 Cases Cited: Ms P v Mr D [2020] NSWSC 224 Wilkinson v Downton [1897] 2 QB 57 Category: Consequential orders Parties: Ms P (Plaintiff) Mr D (Defendant) Representation: Counsel: D Hooke SC (Plaintiff) A Williams (Defendant)

Solicitors: Clinch Long Woodbridge (Plaintiff) Armstrong Legal (Defendant) File Number(s): 2017/361142 Publication restriction: Names of parties are suppressed