Kathleen Abrahams v RTA and Others [2006] NSWDC 20

New South Wales District Court

CITATION: Kathleen Abrahams v RTA and Others [2006] NSWDC 20

HEARING DATE(S): 7 September 2006

JUDGMENT DATE: 7 September 2006

EX TEMPORE JUDGMENT DATE : 09/07/2006

JUDGMENT OF: Rolfe DCJ

DECISION: See paragraphs 1-9 of Orders section of Judgment

CATCHWORDS: Costs Orders - Two Defendants represented by one solicitor and counsel - Plaintiff succeeds against one Defendant but not the other - Rule of Thumb - Costs that should be paid on an aliquot basis

CASES CITED: Rogers v Kabriel (No. 2) 1999 NSW SC 474 at 16

Kathleen Abrahams (Plaintiff) PARTIES: Roads and Traffic Authority of New South Wales (1st Defendant) Chubb Security Australia Pty Ltd (2nd Defendant) David Collins (3rd Defendant)

FILE NUMBER(S): 2248/05

M Fraser (Plaintiff) COUNSEL: R Cavanagh (1st & 2nd Defendants) D Ronzani (3rd Defendant)

JUDGMENT

1 HIS HONOUR: The Court delivered its reasons for judgment in this matter on 29 August 2006 and directed the parties to bring in short minutes today to give effect to the Court's reasons.

2 First of all, as between the plaintiff and the first defendant, there will be a verdict and judgment for the first defendant.

3 As to the remaining matters, the Court has received written submissions from the plaintiff's counsel dated 4 September 2006. The submissions set out the calculations which have been done to give effect to the Court's reasons. The parties agree that the figure which the plaintiff's counsel put in his submissions for future wage loss and superannuation in the amount of $60,000 was incorrect and it should be $65,400. The arithmetic has otherwise not been contested by the second and third defendants.