Mills v Bale & Anor (No. 2) [2010] NSWDC 189

New South Wales District Court

CITATION: Mills v Bale & Anor (No. 2) [2010] NSWDC 189

HEARING DATE(S): 13 and 31 August 2010

JUDGMENT DATE: 3 September 2010

JURISDICTION: Civil

JUDGMENT OF: Levy SC DCJ

1. The principal judgment is modified to accommodate the slip rule amendments referred to in paragraphs [6], [7] and [8], and the amount of the principal judgment in favour of the plaintiff is varied from $703,149.28 to $666,128.93; 2. The defendants are to pay the plaintiff's costs on the ordinary basis up to 3 November 2008 as agreed or assessed, and on the indemnity basis from 4 November 2008. DECISION: 3. The stay ordered on 13 August 2010 is extended for 7 days from today's date pending the filing of a notice of appeal and then, if that document is filed, the stay is further extended pending further orders to be made by the Court of Appeal on the application of the defendants; 4. The defendants are to pay the plaintiff's costs of the application for indemnity costs on 13 August 2010; 5. Each party is to pay their own costs of the application made on 31 August 2010.

CATCHWORDS: PROCEDURE – slip rule amendment to principal judgment – absent consent, no power to make orders to vary a judgment where matters sought to be adjusted under the slip rule UCPR r 36.17 were not argued at substantive hearing - - COSTS – offer of compromise – order for indemnity costs

LEGISLATION CITED: Civil Liability Act 2002 Uniform Civil Procedure Rules 2005, r 36.17

CASES CITED: Firth v Sutton [2010] NSWCA 90

PARTIES: Howard John Mills (Plaintiff) Peter Earle Bale & George Paul Boshev trading as Bale Boshev Lawyers (Defendants)