Brittain v Commonwealth of Australia [2003] NSWSC 270

New South Wales Supreme Court

CITATION : Brittain v Commonwealth of Australia [2003] NSWSC 270 HEARING DATE(S) : 31.3.03 JUDGMENT DATE : 10 April 2003 JURISDICTION: Common Law Division JUDGMENT OF : Mathews AJ DECISION : Interest: I attribute $24,000 of the jury's verdict to past losses. The defendant is to pay interest on that amount at two-thirds of the normally applicable rate.; Costs: the defendant is to pay the plaintiff's costs on a party and party basis up to 17 February 2003. Thereafter the plaintiff is to pay 50 percent of the defendant's costs on a party and party basis.

CATCHWORDS : Interest on judgment when lengthy period between accrual of cause of action and commencement of proceedings - costs - jury's verdict lower than amount stipulated in Pt 52A r 33(2)(e) - whether that rule applies - whether the plaintiff had sufficient reason for continuing proceedings in the Supreme Court - jury's verdict lower than defendant's Calderbank offer - whether plaintiff's failure to reject offer was unreasonable - plaintiff ordered to 50 percent of defendant's costs on a party and party basis. LEGISLATION CITED : District Court Act Supreme Court Rules Calderbank v Calderbank [1976] FAM 96 CASES CITED : Multicon Engineering Pty Limited v Federal Airports Corporation (1996) 138 ALR 425 Simonius Vischer v Holt and Thompson PARTIES : Anthony Winston Brittain - Plaintiff Commonwealth of Australia - Defendant FILE NUMBER(S) : SC 21248/95 COUNSEL : Mr A G Melick SC with Mr I Butcher - Plaintiff Mr C Branson QC with Mr I McLachlan - Defendant SOLICITORS : James Taylor & Co - Plaintiff Australian Government Solicitor