Hoban v Mathieson [No 2] [2002] NSWCA 223

New South Wales Court of Appeal

CITATION : Hoban v Mathieson [No 2] [2002] NSWCA 223 FILE NUMBER(S) : CA 40722/01 HEARING DATE(S) : 10 July 2002 JUDGMENT DATE : 10 July 2002

Laurel Jane Hoban PARTIES : v Gail Julia Mathieson JUDGMENT OF : Handley JA at 1

LOWER COURT JURISDICTION : District Court LOWER COURT DC 6365/01 FILE NUMBER(S) : LOWER COURT Walmsley DCJ JUDICIAL OFFICER :

COUNSEL : Appellant - S G Campbell Respondent - P Moore Solicitor SOLICITORS : Appellant - Hunt & Hunt Newcastle Respondent - Brazel Moore & Daly Gosford

DECISION : Appeal allowed with costs. Orders made

IN THE SUPREME COURT OF NEW SOUTH WALES COURT OF APPEAL

40722/01 DC 6365/01 HANDLEY JA

Wednesday 10 July 2002 LAUREL JANE HOBAN v GAIL JULIA MATHIESON ORDERS HIS HONOUR:

(1) Appeal allowed with costs.

(2) Judgment for the plaintiff for $155,500 with costs set aside and in lieu thereof substitute a judgment for $26,840 with effect from 12 September 2001 and the following orders as to costs pursuant to Pt 39A r 25(6) of the District Court Rules: (a) The defendant to pay the plaintiff's costs to and including 23 January 2001; and (b) The plaintiff to pay the defendant's costs thereafter.

(3) Judgment for the appellant in the sum of $139,349.03 including interest of $10,689.03 pursuant to s 94 of the Supreme Court Act 1970 from 17 October 2001 to 10 July 2002 by way of restitution for overpayment made pursuant to the former judgment of the District Court.