Costello v State of NSW (No 2) [2017] NSWDC 307

District Court New South Wales

Medium Neutral Citation: Costello v State of NSW (No 2) [2017] NSWDC 307 Hearing dates: 25 August and 6 November 2017 Date of orders: 08 November 2017 Decision date: 08 November 2017 Jurisdiction: Civil Before: Judge Levy SC Decision: 1. Pursuant to UCPR r 31.17, the reasons for judgment delivered on 23 June 2017 in the assessed sum of $70,549 are corrected so that, subject to additional funds management charges which will be the subject of order (2), the plaintiff's damages are assessed in the substituted amount of $69,208, excluding funds management charges;

2. The plaintiff's damages for funds management charges are assessed in the sum of $7500;

3. Judgment for the plaintiff in the sum of $76,708 including all damages, interest, and funds management charges;

4. The defendant is to pay the plaintiff's costs of the proceedings on the ordinary basis up to and including 6 May 2016, and then on the indemnity basis from and including 7 May 2016;

5. The exhibits may be returned;

6. Liberty to apply on 7 days' notice if further or other orders are required. Catchwords: PRACTICE AND PROCEDURE – Slip Rule amendment pursuant to UCPR r 31.17 – amendment before final judgment to claim statutory funds management charges; DAMAGES – funds management charges; COSTS – indemnity costs Legislation Cited: Civil Procedure Act 2005, s 56, s 58, s 64 Uniform Civil Procedure Rules 2005, r 20.26, r 31.17, r 31.37 Cases Cited: Campbell v Nangle (1985) SASR 161 Costello v State of NSW [2017] NSWDC 152 Dare v Pulham [1982] HCA 70 Nominal Defendant v Gardikiotis [1996] HCA 5 Category: Principal judgment Parties: Rhani Jude Costello bht the NSW Trustee and Guardian (Plaintiff) State of New South Wales (Defendant) Representation: Counsel: Ms C Smith (Plaintiff) Ms C Goodhand (Defendant)