NSW Caselaw
New South Wales District Court
CITATION: Peak v Dunleavy (No 2) [2008] NSWDC 240
HEARING DATE(S): 24 October 2008
JUDGMENT DATE: 7 November 2008
JURISDICTION: District Court - Civil
JUDGMENT OF: Levy SC DCJ
1. I assess future funds management charges in the sum of $727,035. DECISION: 2. I enter a judgment in favour of the Plaintiff in the sum of $3,977,035. 3. I order the Defendant to pay the Plaintiff's costs on the ordinary basis up to 10 July 2008 and on an indemnity basis from 11 July 2008
CATCHWORDS: Funds management charges – added to verdict monies for fund management costs likely to be incurred by the Plaintiff over her remaining lifetime - Costs – Plaintiff's costs of trial awarded on an indemnity basis
LEGISLATION CITED: Uniform Civil Procedure Rules 2005 r 42.14
Commonwealth of Australia v Gretton [2008] NSWCA 117 Golden Eagle International Trading Pty Ltd v Zhang [2007] HCA 15 Makita (Australia) Pty Ltd v Sprowles (2001) 52 NSWLR 705 CASES CITED: Morgan v Johnson (1998) 44 NSWLR 578 South Eastern Area Health Service & Anor v King [2006] NSWCA 2 Vale v Eggins (No 2) [2007] NSWCA 12 Willets v Futcher (2005) 221 CLR 627
PARTIES: Rachelle Suzanne Peak by her Tutor Doreen Peak (Plaintiff) Leonie Dunleavy (Defendant)
FILE NUMBER(S): 2280 of 2006
COUNSEL: Mr RS McIlwaine SC and Mr CP Locke (Plaintiff) Mr SG Campbell SC and Mr SE McCarthy (Defendant)
SOLICITORS: Velleley & Associates (Plaintiff) McLachlan Chilton (Defendants)
JUDGMENT
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