Miller & Anor v Harris (No. 2) [2014] NSWSC 44

Supreme Court New South Wales

Medium Neutral Citation: Miller & Anor v Harris (No. 2) [2014] NSWSC 44 Hearing dates: 6 February 2014 Decision date: 06 February 2014 Jurisdiction: Equity Division Before: Slattery J Decision: Judgment entered for the plaintiffs. Catchwords: COSTS - judgment previously given for the plaintiffs - plaintiffs ordered to provide to the Court a calculation of interests and costs - plaintiffs no longer wish to seek orders for interests and costs - judgment entered. Cases Cited: Miller & Anor v Harris [2013] NSWSC 1902 Category: Costs Parties: First Plaintiff: William Connor Miller Second Plaintiff: Elizabeth Ann Miller Defendant: Peter Francis Harris Representation: in person File Number(s): 2012/208334 Publication restriction: No

EX TEMPORE Judgment 1In this matter Mr Miller appears today to seek judgment for the amount set out at [89] of my judgment given on 18 December 2013 ([2013] NSWSC 1902). The matter was called outside Court and and Mr Harris did not appear. 2Mr Miller made clear that he and his wife now, despite the option given to them in the judgment to pursue interest and costs, do not wish to seek such orders. It is said that Mr Harris is unlikely to be able to pay the amount of the principal which is the subject of my earlier judgment. 3I decided to proceed with the matter. I was much assisted by Mr Pesman SC, who is appearing in another matter before me today. Seeing that Mr Miller was not legally represented, he volunteered, on a pro bono basis in the best traditions of the New South Wales Bar, to assist the Court in adducing evidence from Mr Miller about his informing Mr Harris of today's hearing date and about the fact that Mr Miller and Mrs Miller were not pursuing interest and costs but only seeking judgment for $106,992.76. 4I am satisfied as a result of the evidence so adduced that Mr Miller has properly informed Mr Harris of today's date and of what relief is being sought today. 5I am also satisfied of that for another reason. Mr Harris was here when I delivered judgment on 18 December 2013. He has another form of notice through the judgment, at [89], that the matter is listed today at 9.30 am before me. 6In those circumstances I will enter judgment for $106,992.76 against the defendant, Mr Harris. That concludes the matter.