Gray v Richards (No 3) [2012] NSWSC 344

Supreme Court New South Wales

Medium Neutral Citation: Gray v Richards (No 3) [2012] NSWSC 344 Hearing dates: 29 March 2012 Decision date: 13 April 2012 Before: McCallum J Decision: Defendant ordered to pay the plaintiff's costs of the proceedings except for half of the plaintiff's costs from 19 August 2011 to 8 December 2011 Catchwords: COSTS - whether successful plaintiff should pay unsuccessful defendant's costs of a discrete issue on which plaintiff was unsuccessful - whether alternatively she should be deprived of her costs of that issue - whether defendant should pay indemnity costs in respect of a period during which he was in default of directions of the Court Legislation Cited: NSW Trustee & Guardian Regulation 2008 Cases Cited: Gray v Richards [2011] NSWSC 877 Gray v Richards (No 2) [2011] NSWSC 1502 Rosniak v Government Insurance Office (1997) 41 NSWLR 608 Government Insurance Office v Rosniak (1992) 27 NSWLR 665 Rosniak (No 2) (Court of Appeal, 29 October 1992, unreported) Category: Costs Parties: Rhiannon Leigh Gray by her Tutor Kathleen Anne Gray (plaintiff) Corey Edward Richards (defendant) Representation: Counsel: A Morrison SC with I McGillicuddy (plaintiff) P Deakin QC with B Kelleher (defendant) Solicitors: Shine Lawyers (plaintiff) TL Lawyers (defendant) File Number(s): 2009/338685 Publication restriction: None

Judgment 1These are proceedings for negligence arising out of a motor vehicle accident in which the plaintiff sustained an extremely severe traumatic brain injury. The defendant admitted liability. Shortly after the commencement of a hearing to assess damages, the parties reached agreement as to all components of damage claimed by the plaintiff except for the future cost of fund management. A settlement exclusive of those costs was approved by the Court (per Hoeben J) on 5 August 2011. 2On 16 August 2011, I determined the principal issues in dispute concerning the claim for future fund management costs: see Gray v Richards [2011] NSWSC 877. At the request of the parties, I reserved two issues for later determination (identified at [15] of the judgment). 3On 8 December 2011, after further hearing, I determined the two reserved issues: see Gray v Richards (No 2) [2011] NSWSC 1502. Orders reflecting the determinations made in the two judgments were entered on 15 December 2011. The orders entered that day expressly reserved the question of costs. This judgment determines the costs of the proceedings.