SKIMMINGS v SAVINS & SAVINS (No 2) [2007] NSWDC 176

New South Wales District Court

CITATION: SKIMMINGS v SAVINS & SAVINS (No 2) [2007] NSWDC 176

HEARING DATE(S): 30 August 2007 EX TEMPORE JUDGMENT DATE : 30 August 2007

JURISDICTION: Civil

JUDGMENT OF: Sidis DCJ

DECISION: 1. Verdict and judgment for the plaintiff in the sum of $397,771.19; 2. The defendant is to pay the plaintiff's costs on an ordinary basis up to and including 29.5.07 and on an indemnity basis from that date; 3. The orders will be stayed upon condition that the defendants file and serve within 28 days a Notice of appeal; 4. The exhibits will be retained until further order.

CATCHWORDS: Final orders - Offer of compromise - Indemnity costs

LEGISLATION CITED: UCPR 42-14

CASES CITED: Golden Eagle International Trading Pty Limited v Zhang (2007) 234 ALR 131

Murray Leigh SKIMMINGS PARTIES: Kenneth Reginald SAVINS Joan Patricia SAVINS

FILE NUMBER(S): Coffs Harbour Plaint 48 of 2006

R Harrington - Plaintiff COUNSEL: D Priestley - Defendants

Lee James Egan - Plaintiff SOLICITORS: Thompson Cooper Lawyers Pty Ltd - Defendants

JUDGMENT

1 Reasons for judgment were delivered on 17 August 2007 at Coffs Harbour and the matter stood over to today to enter final orders.

2 The parties have ventilated some issues before me. By way of clarification, I wish to note that the allowance for future domestic assistance has been made on a commercial basis having regard to the evidence of the plaintiff that he currently pays for some assistance and that in future he will pay for his assistance needs.

3 I note also that life expectancy for the purpose of calculating the final figures for the award have been based on prospective life tables in accordance with the principles established in the High Court's decision of Golden Eagle International Trading Pty Limited v Zhang (2007) 234 ALR 131.