S v State of New South Wales (No 2) [2008] NSWSC 1116

New South Wales Supreme Court

CITATION : S v State of New South Wales (No 2) [2008] NSWSC 1116

HEARING DATE(S) : 16 October 2008

JUDGMENT DATE : 24 October 2008

JUDGMENT OF : Harrison J

1. Order that the defendant pay the plaintiff's costs of and incidental to the limitation issue and the Dr Champion issue. DECISION : 2. Order that the plaintiff otherwise pay the defendant's costs up to and including 23 November 2006 on a party/party basis and that the plaintiff pay the defendant's costs on and from 24 November 2006 on an indemnity basis. 3. I note: (a) the parties have brought in short minutes of order to reflect my findings on the plaintiff's damages, and (b) the parties are agreed that my determination of the plaintiff's entitlement to damages for care (if any) should await the outcome of the plaintiff's appeal to the Court of Appeal.

CATCHWORDS : COSTS – offers of compromise – indemnity costs – plaintiff to pay the defendant's costs after certain time on an indemnity basis with the exception of separate costs orders in favour of the plaintiff on discrete issues – DAMAGES – loss claimed by plaintiff for attendant etc care unassessed – assessment postponed pending outcome of plaintiff's appeal to Court of Appeal limited to issues of liability

CATEGORY : Consequential orders

CASES CITED : S v State of New South Wales [2008] NSWSC 933

PARTIES : S (Plaintiff) State of New South Wales (Defendant)

FILE NUMBER(S) : SC 20125/06

COUNSEL : D M Shoebridge (Plaintiff) P D A Mallon (Defendant)

SOLICITORS : Edwards Michael (Plaintiff) I V Knight, Crown Solicitor (Defendant)

IN THE SUPREME COURT OF NEW SOUTH WALES COMMON LAW DIVISION