Haywood v Collaroy Services Beach Club Ltd [2006] NSWSC 985

New South Wales Supreme Court

CITATION : Haywood v Collaroy Services Beach Club Ltd [2006] NSWSC 985

HEARING DATE(S) : 22/06/06, 14/07/06

JUDGMENT DATE : 22 September 2006

JURISDICTION : Common Law Division

JUDGMENT OF : Hidden J at 1

DECISION : Applications refused

CATCHWORDS : DAMAGES - Action for damages for personal injury - applications after verdict - when judgment should take effect - whether costs orders in interlocutory proceedings should be re-considered

LEGISLATION CITED : Uniform Civil Procedure Rules Legal Profession Act

Anthony Haywood v Collaroy Services Beach Club Limited [2006] NSWSC 566 Hartley Poynton Ltd v Ali [2005] VSCA 53 CASES CITED : Minerals Corporation Ltd v Abbot [2004] NSWSC 246 Haywood v Collaroy Services Beach Club [2003] McLean v Commonwealth of Australia (Sperling J, unreported, 22 August 1996 NSWSC 43 NSW Insurance Ministerial Corporation v Edkins (1998) 45 NSWLR 8

PARTIES : Anthony Neville Haywood (plaintiff) Collaroy Services Beach Club Limited (defendant)

FILE NUMBER(S) : SC 020252/01

COUNSEL : T D Kelly (sol) (plaintiff) J Maconachie QC; J Sheller (defendant)

SOLICITORS : T D Kelly & Co (plaintiff) Hunt & Hunt (defendant)

IN THE SUPREME COURT OF NEW SOUTH WALES COMMON LAW DIVISION

HIDDEN J

Friday 22 September 2006

020252/01 Anthony Neville Haywood v Collaroy Services Beach Club Limited

JUDGMENT – On further matters raised after verdict 1 HIS HONOUR: On 24 February 2006 the jury awarded the plaintiff damages of $2,500,000. On 16 June 2006 I awarded an additional amount of $636,000 for funds management, together with $1,463.00 for the costs of proceedings in the Equity Division to appoint the Protective Commissioner to manage the plaintiff's estate. Accordingly, on the same day I entered judgment for the plaintiff for the sum of those amounts, $3,137,463. I have since heard argument about four further matters, with which I shall deal in turn.