Fuller-Lyons v State of New South Wales (No 4) [2014] NSWSC 361

Supreme Court New South Wales

Medium Neutral Citation: Fuller-Lyons v State of New South Wales (No 4) [2014] NSWSC 361 Hearing dates: 8 April 2014 Decision date: 08 April 2014 Jurisdiction: Common Law Before: Beech-Jones J Decision: (1) Judgment for the plaintiff in the amount of $1,536,954.55. (2) The defendant to pay the plaintiff's costs on an ordinary basis to 3 April 2013 and thereafter on an indemnity basis. (3) The New South Wales Trustee and Guardian be appointed as the financial manager of the plaintiff. (4) Execution of the judgment be stayed on the following conditions: (a) the defendant is to file and serve any notice of appeal within twenty-eight days; (b) the defendant will not oppose any application by the plaintiff for an expedited hearing of the appeal based on the plaintiff's financial circumstances. Catchwords: COSTS - personal injury - indemnity costs application - whether Court should otherwise order because new case propounded at trial - whether time allowed to consider offer was reasonable.

STAY - whether judgment should be stayed pending appeal - plaintiff and his family of limited financial means - whether arguable basis for appeal. Legislation Cited: Uniform Civil Procedure Rules 2005 (NSW), rr 20.26, 42.14 Cases Cited: - Alexander v Cambridge Credit Corporation Limited (1985) 2 NSWLR 685 - Fuller-Lyons v State of New South Wales (No 3) [2013] NSWSC 1672 - Woolworths Ltd v Strong (No 2) [2011] NSWCA 72; 80 NSWLR 445 Category: Consequential orders Parties: Corey Travis Fuller-Lyons (Plaintiff) State of New South Wales (Defendant) Representation: Counsel: C.T. Barry QC, G.J. Davidson (Plaintiff) A.C. Casselden (Defendant) Solicitors: AC Lawyers (Plaintiff) Hicksons Lawyers (Defendant) File Number(s): 2008/316134