NSW Caselaw
New South Wales Supreme Court
CITATION : Covington-Thomas v Cth of Australia [No 3] [2007] NSWSC 1062
30/10/06-31/10/06 01/11/06-03/11/06 06/11/06-07/11/06 10/11/06 13/11/06-14/11/06 16/11/06-17/11/06 20/11/06-23/11/06 28/11/06-29/11/06 01/12/06 12/12/06-13/12/06 HEARING DATE(S) : 02/03/07 22/03/07 03/04/07 11/04/07 17/05/07 28/05/07-30/05/07 21/06/07 25/07/07 02/08/07 24/08/07 17/09/07-18/09/07
JUDGMENT DATE : 25 September 2007
JURISDICTION : Common Law
JUDGMENT OF : Kirby J
DECISION : (1) I order indemnity costs in favour of the plaintiff from 13/10/06 in accordance with Pt 42 r 42.14(2), such costs to include provision for Senior Counsel and two Juniors; (2) I order that interest should accrue on the plaintiff's costs as agreed or assessed from 28 days after the filing and serving of a bill of costs for assessment; (3) I order a stay of the orders made in Covington-Thomas v Commonwealth of Australia [No 2] [2007] NSWSC 1059 on the following conditions: (i) that the defendant lodge an appeal in compliance with the rules and prosecute such appeal with despatch; and (ii) that the defendant pay the plaintiff's solicitors, within 28 days, the sum of $750,000.
CATCHWORDS : NEGLIGENCE - Melbourne/Voyager Collision - claim for damages - verdict found for plaintiff 2.8.07 - application for indemnity costs - application for the costs of a second junior counsel - application for an order that interest be paid on service of bill - application for a stay pending appeal.
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