Bjelecic v Lawcover Insurance Pty Limited [2016] NSWDC 152

District Court New South Wales

Medium Neutral Citation: Bjelecic v Lawcover Insurance Pty Limited [2016] NSWDC 152 Hearing dates: 8 and 9 March 2016 Date of orders: 09 March 2016 Decision date: 09 March 2016 Jurisdiction: Civil Before: Gibson DCJ Decision: (1) Vacate the JusticeLink order dated 16 December 2015 for the first and second defendants to pay the judgment sum of $51,431. (2) In accordance with paragraph 35 of Delaney DCJ's reasons, enter judgment in favour of the second defendant against the plaintiff. (3) Judgment for the plaintiff for $51,431 against the first defendant. (4) The first defendant is to pay the plaintiff's costs to be assessed or agreed on the ordinary basis, up to and including 16 April 2015. (5) The plaintiff is to pay the first defendant's costs to be assessed or agreed on an indemnity basis, from on and after 17 April 2015. (6) The plaintiff is to pay the second defendant's costs to be assessed or agreed on the ordinary basis, up to and including 16 April 2015. (7) The plaintiff is to pay the second defendant's costs to be assessed or agreed on an indemnity basis, from on and after 17 April 2015. Catchwords: PRACTICE AND PROCEDURE – proceedings in which one defendant is successful and another unsuccessful recorded by the hearing judge and on Justicelink as judgment for the plaintiff against the "defendant" together with an order that the "defendant" pay the plaintiff's costs - application by both parties under slip rule (UCPR r 36.17) and/or UCPR r 36.16(1) or (3A) for correction of orders by the hearing judge – orders made to correct the hearing judge's orders to give judgment in favour of the second defendant against the plaintiff together with costs and for judgment for the plaintiff and costs as against the first defendant only – additional application during the hearing by plaintiff under UCPR rr 36.16(1), (3A) and 36.17 to vary parts of the judgment sum awarded by the hearing judge from the judgment sum entered on 15 December 2015 ($51,431) to $111,782.00 on the basis of asserted mathematical and factual errors by the hearing judge – whether UCPR r 36.16 application brought within time – whether asserted errors capable of correction under either UCPR rr 36.16 or 36.17 – asserted errors by hearing judge involved findings of fact and law and should be the subject of appeal rather than correction under either UCPR rr 36.16 or 36.17 – costs - application by both defendants for indemnity costs by reason of a Calderbank offer granted Legislation Cited: Civil Procedure Act 2005 (NSW) ss 56 - 62 Corporations Act 2001 (Cth) s 601AG Legal Profession Act 2004 (NSW) Limitation Act 1969 (NSW) s 14 Uniform Civil Procedure Rules 2005 (NSW) rr 36.15, 36.16, 36.17 Cases Cited: AT v Commissioner of Police (No 2) [2010] NSWCA 337 Bjelecic v Lawcover Insurance Pty Limited (District Court of New South Wales, Delaney DCJ, 15 December 2015, unreported) Calderbank v Calderbank [1975] 3 All ER 333 Coren v Master Builders Association of New South Wales Pty Ltd [2014] NSWCA 244 Federal Capital Press of Australia Pty Ltd v Balzola [2015] NSWCA 285 Newmont Yandal Operations Pty Ltd v J Aron Corp (2007) 70 NSWLR 411 Category: Procedural and other rulings Parties: Plaintiff: Rada Bjelecic First Defendant: Lawcover Insurance Pty Limited (ABN 15 095 082 509) Second Defendant: Peter Christopher Antoniou Representation: Counsel: Plaintiff: Mr J Wilson Defendants: Mr S Longhurst