GIBSON v COB SUPPLY COMPANY PTY LTD NO 2 [2001] NSWSC 713

New South Wales Supreme Court

CITATION : GIBSON v COB SUPPLY COMPANY PTY LTD NO 2 [2001] NSWSC 713 FILE NUMBER(S) : SC 17534/81 HEARING DATE(S) : 6 June 2001 JUDGMENT DATE : 31 August 2001

PARTIES : Plaintiff: Kerry John Gibson Defendant: COB Suppply Company Pty Ltd JUDGMENT OF : Hulme J at 1

COUNSEL : Plaintiff: Mr G Farmer Defendant: Mr B.G. Smith SOLICITORS : Plaintiff: Craddock Murray Neumann Defendant: Dexter Healey DECISION : See paragraph 27

- 13 - IN THE SUPREME COURT OF NEW SOUTH WALES COMMON LAW DIVISION

NO: 17534/81 Friday, 31 August 2001 HULME J Kerry John GIBSON v COB SUPPLY COMPANY PTY LTD JUDGMENT

HIS HONOUR: 1 I delivered Reasons in these proceedings on 20 March last, saying I would leave to the parties some consequential calculations which were required and one or two further relatively minor matters. Although the matter has been back before me on four occasions, on most of which the parties were not prepared to deal with outstanding issues, there are still areas of disagreement. On the last occasion there were tendered schedules and expert reports setting out the respective contentions of the parties. Despite the existence of significant differences, there was no attempt to argue or analyse most of the matters in issue. These Reasons are directed to recording the areas of agreement and resolving the remaining issues. Except to the minimum extent necessary, I shall not re-canvass matters dealt with by me in my earlier Reasons. 2 I should perhaps add that, although there are differences in the approach taken in a limited number of areas, there is no challenge otherwise to the accuracy of the calculations of the experts, even where they differed. It was submitted by counsel for the Defendant, without demur, that minor discrepancies in to the maths involved might be dealt with by taking a mean.