Sutton v Firth (No 3) [2009] NSWDC 68

New South Wales District Court

CITATION: Sutton v Firth (No 3) [2009] NSWDC 68

HEARING DATE(S): 17 March 2009

JUDGMENT DATE: 17 March 2009

JURISDICTION: Civil

JUDGMENT OF: Hungerford ADCJ

1.Verdict and judgment for the plaintiff against the defendant in the amount of $107,415.29. 2.Defendant is to pay the plaintiff's costs of the proceedings. DECISION: 3.The judgment be stayed pending further order conditional upon the defendant filing and serving a notice of appeal with appointment within 28 days. 4.The plaintiff be granted liberty to restore the matter to the list to argue that the stay be lifted 5.The Court notes that there is an issue between the plaintiff and the defendant in respect of the costs of the proceedings in the Supreme Court of New South Wales, No 13429 of 2006 and that the parties will pursue that matter in the Supreme Court. 6.I direct that the exhibits in this matter remain with the file and they may be returned on application by the parties to the Registrar after 28 days, but subject to the resolution of any appeal.

CATCHWORDS: INTEREST - Rate of interest on judgment - Whether under Civil Liability Act 2002 or Uniform Civil Procedure Rules 2005 - Professional negligence action for loss of opportunity to bring claim for common law damages - Commonwealth Government bond rate applicable and not court rates - JUDGMENT - Interest rate applicable - Stay pending appeal - Costs

Civil Liability Act 2002, s 18 LEGISLATION CITED: Uniform Civil Procedure Rules 2005, Sch 5 Workers Compensation Act 1987

PARTIES: Renee Leslie Sutton - Plaintiff Stephen Paul Firth - Defendant