Camuglia v Housman & Ors (2) [2020] NSWDC 518

District Court New South Wales

Medium Neutral Citation: Camuglia v Housman & Ors (2) [2020] NSWDC 518 Hearing dates: 18, 19, 20 June 2020; 16, 17 July 2020 14 August 2020 Date of orders: 10 September 2020 Decision date: 10 September 2020 Jurisdiction: Civil Before: Weber SC DCJ Decision: (1) Judgment and verdict for the plaintiff against the defendants in the sum of $231,316.32. (2) That the defendants pay the plaintiff's costs on an ordinary basis up to and including 7 September 2019, and on a full indemnity basis thereafter. Catchwords: CIVIL – Slip rule – Correction of sum in respect of rectification works COSTS – Indemnity Costs – Calderbank offer Legislation Cited: Uniform Civil Procedure Rules 2005 Cases Cited: Calderbank v Calderbank [1975] 3 All ER 333 Category: Consequential orders Parties: Yolenda Camuglia (Plaintiff) Bardia Housman (First Defendant) Beatriz Pena Alda (Second Defendant) Pacific Plus Constructions Pty Ltd (Third Defendant) Representation: Counsel: Mr G. Sirtes SC, with Ms G. R. Rubagotti (Plaintiff) Mr A. Ahmad (Defendants)

Solicitors: Landerer and Company (Plaintiff) Holman Webb Lawyers (Defendants) File Number(s): 2019/102298 Publication restriction: None

Judgment

Slip Rule 1. On 14 August 2020, I gave judgment in favour of the plaintiff in the sum of $218,601.55. 2. This judgment sum was in fact an error. It was agreed by the parties that the quantum of the rectification works, the subject of the judgment was $74,076.18 rather than $61,361.71 as set forth in the judgment. Accordingly the final judgment sum should be in the sum of $231,316.22. 3. The requirements of r 36.17 of the Uniform Civil Procedure Rules 2005 (the regulatory form of the slip rule) are thus clearly enlivened, and I shall enter judgment in the amended sum.