Guru v Coles Supermarkets Australia Pty Ltd (No. 2) [2017] NSWDC 90

District Court New South Wales

Medium Neutral Citation: Guru v Coles Supermarkets Australia Pty Ltd (No. 2) [2017] NSWDC 90 Hearing dates: 28 April 2017 Date of orders: 02 May 2017 Decision date: 02 May 2017 Jurisdiction: Civil Before: Judge Levy SC Decision: The defendant is to pay the plaintiff's costs of the proceedings in the sum of $10,801.65. Catchwords: COSTS – proportionate costs order in case of exaggerated damages submissions Legislation Cited: Civil Procedure Act 2005, s 98 Legal Profession Uniform Law Application Act 2014, s 61, Sch 1, cl 2 Uniform Civil Procedure Rules 2005, r 42.1 Cases Cited: Guru v Coles Supermarkets Australia Pty Ltd [2016] NSWDC 249 McLaughlin v Dungowan Manly Pty Limited [2010] NSWSC 306 Category: Costs Parties: Sangeeta Guru (Plaintiff) Coles Supermarkets Australia Pty Ltd (Defendant) Representation: Counsel: Mr M Daley (Plaintiff) Mr D Priestley SC (Defendant)

Solicitors: Brydens (Plaintiff) McCabes (Defendant) File Number(s): 2014/252930 Publication restriction: None

Judgment

Costs application 1. The defendant, Coles Supermarkets Australia Pty Ltd, seeks an order for costs against the plaintiff, Sangeeta Guru, in respect of these proceedings in which the plaintiff was successful, as was determined by a judgment delivered in favour of the plaintiff on 14 December 2016: Guru v Coles Supermarkets Australia Pty Ltd [2016] NSWDC 249.

Background 1. In that decision, the plaintiff obtained a verdict in her favour in the sum of $90,130.45. This was in circumstances where, on behalf of the plaintiff, the claim for damages was submitted in the sum of $1,213,812.40: MFI "3". In the primary judgment, at paragraph [5], that claim was described as exaggerated, but not exaggerated by the plaintiff herself. 2. In this application for costs it is appropriate to make a comparison between the monetary claims submitted on behalf of the plaintiff, and the ultimate findings on the assessment of her damages, as the following tabulation demonstrates: Head of damage Plaintiff's submission Assessed damages (a) Non economic loss $139,000 $39,500 (b) Past economic loss $78,500 $ Nil (c) Past loss of superannuation $13,169 $ Nil (d) Future economic loss $411,000 $40,000 (e) Future loss of superannuation $57,540 $ Nil (f) Past domestic assistance $38,680 $7,280 (g) Future domestic assistance $415,638 $ Nil (h) Future out-of-pocket expenses $40,000 $2,000 (i) Past out-of-pocket expenses $20,285.40 $1,350.45 Total $1,213,812.40 $90,130.45