Maestrale v Aspite [2014] NSWCA 182

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Maestrale v Aspite [2014] NSWCA 182 Hearing dates: 17 December 2013 Decision date: 06 June 2014 Before: Beazley P at [1]; Macfarlan JA at [141]; Barrett JA at [142] Decision: (1) Appeal allowed. (2) Set aside the award of damages made by her Honour and in lieu order that the respondents pay to the appellant damages in the sum of $273,298 together with interest calculated in accordance with Supreme Court Practice Note 16 (16 June 2010). (3) Set aside the costs order made by the trial judge and order that the respondents pay the appellant's costs of trial. (4) Order that the respondents pay the appellant's costs of the appeal. (5) Direct the parties to bring in short minutes of order to reflect the judgment sum to which the appellant is entitled including both damages and interest. [Note: The Uniform Civil Procedure Rules 2005 provide (Rule 36.11) that unless the Court otherwise orders, a judgment or order is taken to be entered when it is recorded in the Court's computerised court record system. Setting aside and variation of judgments or orders is dealt with by Rules 36.15, 36.16, 36.17 and 36.18. Parties should in particular note the time limit of fourteen days in Rule 36.16.] Catchwords: COSTS - departing from the general rule - Uniform Civil Procedure Rules 2005, r 42.1 - conduct of parties - misconduct - adverse credibility findings

DAMAGES - measure of damages in actions for tort - assessment of future possibilities or probabilities - evaluative assessment