Bosevski v Avopiling Pty Ltd; The Workers Compensation Nominal Insurer v Avopiling Pty Ltd (No 2) [2018] NSWSC 205

Supreme Court New South Wales

Medium Neutral Citation: Bosevski v Avopiling Pty Ltd; The Workers Compensation Nominal Insurer v Avopiling Pty Ltd (No 2) [2018] NSWSC 205 Hearing dates: 3 May 2017 Date of orders: 03 May 2017 Decision date: 28 February 2018 Jurisdiction: Common Law Before: Rothman J Decision: 2009/337219 In accordance and associated with the orders made by Rothman J on 29 March 2017:

(1) Judgment for the plaintiff against the defendant in the amount of $2,632,390.93 including interest pursuant to s 18 of the Civil Liability Act 2002. (2) The judgment amount is calculated in accordance with the Schedule of Damages and Interest Calculation (attached/uploaded). (3) Judgment for the cross defendant against the defendant/cross claimant on the amended first cross claim dated 27 May 2011. (4) Cross defendant's costs to be paid by the defendant/cross claimant as agreed or assessed.

2011/70381 In accordance and associated with the orders made by Rothman J on 29 March 2017:

(1) Judgment for the plaintiff against the first defendant in the sum of $661,633.39 recovery amount. (2) Plaintiff's costs to be paid by the first defendant as agreed or assessed. (3) Interest until 18/04/17 of $255,961.34. (4) Interest from 18/04/17 to date (and continuing at $108.70 per day) of $1,630.50. (5) Total judgment as at 3 May 2017 of $919,225.23. (6) Judgment for the second defendant, Soilmec Spa, against the plaintiff. (7) Plaintiff, The Workers Compensation Nominal Insurer, shall pay the second defendant's costs of and incidental to the proceedings, as agreed or assessed. Catchwords: COURTS & JUDGES – error is reasons for judgment - wrong calculation of life expectancy – life expectancy agreed between parties – judgment intended to reflect agreement – Schedule misread – misapprehension of fact – correction made; COSTS – agreement between two defendants that one case be conducted – one defendant successful which did not separately participate – costs follow the event, even if on taxation costs may be nil. Legislation Cited: Supreme Court Act 1970 (NSW), s 69(4) Cases Cited: Autodesk Inc v Dyason (No 2) (1993) 176 CLR 300; [1993] HCA 6 Bailey v Marinoff (1971) 125 CLR 529; [1971] HCA 49 Bosevski v Avopiling Pty Ltd; The Workers Compensation Nominal Insurer v Avopiling Pty Ltd [2016] NSWSC 1893 Craig v South Australia (1995) 184 CLR 163; [1995] HCA 58 DJL v Central Authority (2000) 201 CLR 226; [2000] HCA 17 Category: Consequential orders (other than Costs) Parties: 2009/337219: Riste Bosevski (Plaintiff) Avopiling Pty Ltd (Defendant/Cross-Claimant) Professional Contracting (NSW) Pty Ltd (Cross-Defendant)