Grills v Leighton Contractors Pty Ltd (No 3) [2014] NSWSC 349

Grills v Leighton Contractors Pty Ltd (No 3) [2014] NSWSC 349

The future care and gardening amount had to reflect the whole sum of $131,350 because the plaintiff's claim had two components, the State accepted the claim in its entirety, Leightons accepted the gardening calculation, and the remaining buffer issue had been resolved in the plaintiff's favour in the principal judgment. The final orders should take the form agreed between the plaintiff, the State and QBE, with the cross-claims dismissed.

Jurisdiction
Australia
Judgment Date
28 March 2014
Procedural Posture
Costs Future Care Calculations Form of Orders / In Chambers Following Principal Judgment; Parties to Bring in Final Orders
Outcome
Parties to bring in final orders in accordance with the reasons.
Legal Topics
['future Care Calculations' 'gratuitous Attendant Care Services' 'form of Orders' 'cross Claims']
['costs' 'torts' 'damages'] ['future Care Calculations' 'gratuitous Attendant Care Services' 'form of Orders' 'cross Claims']

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Procedural Posture

Costs Future Care Calculations Form of Orders / In Chambers Following Principal Judgment; Parties to Bring in Final Orders

Legal Issues

  1. 1 ['Whether the future care and gardening component should be reflected as $131,350 or only the $100,000 buffer figure.' 'What form the final orders should take, including orders concerning apportionment and cross-claims.']

Ratio Decidendi

The future care and gardening amount had to reflect the whole sum of $131,350 because the plaintiff's claim had two components, the State accepted the claim in its entirety, Leightons accepted the gardening calculation, and the remaining buffer issue had been resolved in the plaintiff's favour in the principal judgment. The final orders should take the form agreed between the plaintiff, the State and QBE, with the cross-claims dismissed.

Court Disposition

Parties to bring in final orders in accordance with the reasons.

Orders

  • ['The orders must reflect the sum of $131,350 for future care and gardening, and that conclusion must be reflected in the orders made against Leightons.' 'The orders should take the form agreed between Mr Grills, the State and QBE, with order 12 providing that the cross-claims be dismissed.' 'All exhibits and...