Grills v Leighton Contractors Pty Limited (No 2) [2015] NSWCA 348

Grills v Leighton Contractors Pty Limited (No 2) [2015] NSWCA 348

The omission to set aside certain trial judge orders in the appellate judgment was a clerical error and was correctable under the slip rule. Interest on the judgment is to run from the date of first instance judgment but is only payable by each respondent on the apportioned sums for which they are liable. The State was not liable for the appellant's appeal costs due to statutory preclusion; Leighton was liable for 11.75% of the appellant's costs of the appeal, corresponding to its proportionate liability. Costs orders were otherwise adjusted to reflect statutory requirements and the parties' respective partial successes.

Jurisdiction
Australia
Judgment Date
13 November 2015
Procedural Posture
Appeal / Post Judgment Application for Consequential Orders Following Principal Appeal Judgment
Outcome
Orders of the Court of Appeal and trial judge varied to correct clerical omission and to apply statutory costs preclusion; interest and costs orders adjusted accordingly.
Legal Topics
['slip Rule' 'amendment of Orders' 'interest on Judgment' 'apportionment of Liability' 'costs in Workplace Injury Proceedings']
['civil Procedure' 'appeals' 'compensation Law'] ['slip Rule' 'amendment of Orders' 'interest on Judgment' 'apportionment of Liability' 'costs in Workplace Injury Proceedings']

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Procedural Posture

Appeal / Post Judgment Application for Consequential Orders Following Principal Appeal Judgment

Legal Issues

  1. 1 ['Whether orders of the court required correction under the slip rule (UCPR r 36.17) due to clerical error or omission' 'Date from which appellate judgment takes effect for the purpose of post-judgment interest' 'Whether interest is payable on total award or apportioned liability between tortfeasors' 'Whether State liable for interest given alleged overpayment' "Whether the State was liable for a portion of the appellant's costs of the appeal in light of statutory preclusion (Workplace Injury Management and Workers Compensation Act 1998 (NSW), s 346)" 'Appropriate apportionment of costs liability among respondents']

Ratio Decidendi

The omission to set aside certain trial judge orders in the appellate judgment was a clerical error and was correctable under the slip rule. Interest on the judgment is to run from the date of first instance judgment but is only payable by each respondent on the apportioned sums for which they are liable. The State was not liable for the appellant's appeal costs due to statutory preclusion; Leighton was liable for 11.75% of the appellant's costs of the appeal, corresponding to its proportionate liability. Costs orders were otherwise adjusted to reflect statutory requirements and the parties' respective partial successes.

Court Disposition

Orders of the Court of Appeal and trial judge varied to correct clerical omission and to apply statutory costs preclusion; interest and costs orders adjusted accordingly.

Orders

  • ['Set aside order 2 made by the Court of Appeal on 27 March 2015.' 'Set aside orders 1, 2, and 3 made by the trial judge on 23 April 2014 and substitute: (a) verdict and judgment for the appellant against Leighton Contractors Pty Limited for $1,475,805; (b) verdict and judgment for the appellant against the State...