Webster v Coles Myer Limited; Thompson v Coles Myer Limited (No. 2) [2009] NSWDC 128

New South Wales District Court

CITATION: Webster v Coles Myer Limited; Thompson v Coles Myer Limited (No. 2) [2009] NSWDC 128

HEARING DATE(S): 15 May 2009

JUDGMENT DATE: 15 May 2009

EX TEMPORE JUDGMENT DATE : 15 May 2009

JURISDICTION: Civil

JUDGMENT OF: Gibson DCJ

(1) Vary order 1 of the judgment of 28 April 2009 to include interest in the sum of $9,503.19 making a total of $89,770.19 up to and including 28 April 2009 together with a daily interest rate of $5.77 thereafter. (2) Vary order 2 of the judgment of 28 April 2009 to include interest in the sum of $26,977.86 with a daily rate of $16.38 and an agreed rate for past and future superannuation of $15,733.00 making a total of $296,660.02 inclusive of interest up to and including 28 April 2009. DECISION: (3) Vary order 3 of the judgment of 28 April 2009 as to costs to provide that the defendant pay the plaintiffs' costs as follows: (a) As to Mr Webster (1842 of 2006) the defendant pay the plaintiff's costs of the proceedings, such costs to be assessed on the ordinary basis up to and including 26 November 2008 and such costs to be assessed on the indemnity basis from and including 27 November 2008; (b) As to Mr Thompson (2538 of 2006) the defendant pay the plaintiff's costs of the proceedings, such costs to be assessed on the ordinary basis up to and including 2 December 2008 and such costs to be assessed on the indemnity basis from and including 3 December 2008; and, (c) Each party pay his or its own costs thrown away by reason of the plaintiffs in both actions abandoning the claim in negligence. (4) Certify the plaintiff to be represented by two counsel (including two junior counsel where one of those counsel is not senior counsel) at the hearing and preparation of trial. (5) Grant a stay of 28 days from today with liberty to apply.