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. (4) Respondent to have a certificate under the Suitors Fund Act with respect to the costs in this Court. (5) Liberty to either party to apply to English DCJ for a certificate under s 6A(1)(c) of the Suitors Fund Act. (6) Unconditional stay of Order 3 until and including 6 August 2002, such stay to lapse if a special leave application is not filed on or before 31 July. The stay will in any event lapse at midnight on 6 August unless continued by me or by consent. Liberty to apply on three working days' notice for a continuation of the stay after 6 August. (7) Costs of the proceedings today are costs in the appeal. ****** DISCLAIMER - Every effort has been made to comply with suppression orders or statutory provisions prohibiting publication that may apply to this judgment or decision. The onus remains on any person using material in the judgment or decision to ensure that the intended use of that material does not breach any such order or provision. Further enquiries may be directed to the Registry of the Court or Tribunal in which it was generated.