Singline v Commonwealth of Australia (No 2) [2008] NSWSC 21

New South Wales Supreme Court

CITATION : Singline v Commonwealth of Australia (No 2) [2008] NSWSC 21

HEARING DATE(S) : 27 August 2007, 17 October 2007, 8 November 2007, 13 December 2007, 20 December 2007

JUDGMENT DATE : 30 January 2008

JURISDICTION : Common Law

JUDGMENT OF : Rothman J

1. Orders (3) and (4) of the judgment issued in this matter on 27 August 2007 be set aside and in lieu thereof the following orders be made: "(3) The defendant shall pay damages to the plaintiff in the sum of $714,211, including interest; (4) The defendant shall pay the costs of the plaintiff of and incidental to these proceedings on the following bases: DECISION : (a) Up to and including 2 March 2006 on a party/party basis, as agreed or assessed; (b) On and from 3 March 2006 on an indemnity basis; (c) Such costs to include the cost of attendance by medical practitioners qualified by the plaintiff at examinations required by the defendant in circumstances where said medical practitioner was required to travel from Melbourne to Launceston for the purpose of such attendance." 2. The parties continue to have liberty to apply on the basis of any perceived miscalculation subsequent to the judgment of 27 August 2007 or otherwise in relation to any collateral issue.

CATCHWORDS : DAMAGES – reduction for uncertainty – Malec v Hutton – damages in the past for probable course – mistake in the calculation of interest - COSTS – indemnity costs awarded – Offer of Compromise – costs of medical expert qualified by plaintiff attending interstate an examination by the defendant's experts.

Limitation Act 1969 (NSW) LEGISLATION CITED : Supreme Court Act 1970 (NSW) Uniform Civil Procedure Rules 2005 (NSW)