Mitchell-Innes v Willis Australia Group Services Pty Ltd (No 3) [2015] NSWDC 20

District Court New South Wales

Medium Neutral Citation: Mitchell-Innes v Willis Australia Group Services Pty Ltd (No 3) [2015] NSWDC 20 Hearing dates: 11 February 2015 Date of orders: 12 February 2015 Decision date: 12 February 2015 Jurisdiction: Civil Before: P Taylor SC DCJ Decision: (1) Costs of the proceedings awarded in favour of the plaintiff in order 3 on 8 December 2014 (see Mitchell-Innes v Willis Australia Group Services Pty Ltd (No 2) [2014] NSWDC 250 at [183(3)] to be assessed on an indemnity basis from 11am on 23 May 2014 up to and including today. (2) Dismiss the application of the defendants to vary the calculation of quantum of damages. (3) Order that the stays referred to in orders 4 and 5 on 8 December 2014 (see Mitchell-Innes v Willis Australia Group Services Pty Ltd (No 2) [2014] NSWDC 250 at [183(4) and (5)]) are hereby terminated. Catchwords: DAMAGES – assessment of quantum – value of chance – vicissitudes of life – offer of compromise – indemnity costs Legislation Cited: Uniform Civil Procedure Rules 2005, r 42.12 Cases Cited: Daniels v Anderson (1995) 37 NSWLR 438 Mitchell-Innes v Willis Australia Group Services Pty Ltd (No 2) [2014] NSWDC 250 Tszyu v FightVision Pty Ltd & Anor; Fightvision Pty Ltd v Onisforou & Ors [1999] NSWCA 323 Walker v Citigroup Global Markets Australia Pty Limited (formerly known as Salomon Smith Barney Australia Securities Pty Limited) [2006] FCAFC 101 Category: Costs Parties: Donald Mitchell-Innes (plaintiff/cross-defendant) Willis Australia Group Services Pty Ltd (ACN 006 256 908) (first defendant/cross-claimant) Willis Australia Holdings Ltd (ACN 112 435 079) (second defendant) Representation: Counsel: Mr J H Pearce (plaintiff) Mr M Seck (defendants)