Brittain v Commonwealth of Australia [2005] NSWSC 1330

Brittain v Commonwealth of Australia [2005] NSWSC 1330

Interest should be awarded on the whole sum assessed as referable to past general damages from 1 July 1972, not apportioned to pre-1972 period, and costs should follow the event; no departure from general rule on costs.

Parties
Plaintiff: Anthony Winston Brittain; Defendant: Commonwealth of Australia
Jurisdiction
Australia
Judgment Date
16 December 2005
Procedural Posture
Civil / Post Verdict, Costs and Final Orders
Outcome
Judgment for the plaintiff.
Legal Topics
Costs, Interest on Damages
Civil Law Costs Interest on Damages

Case Brief

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Parties

Anthony Winston Brittain

Plaintiff

Commonwealth of Australia

Defendant

Procedural Posture

Civil / Post Verdict, Costs and Final Orders

Legal Issues

  1. 1 Calculation of interest on general damages and lost chance damages
  2. 2 Apportionment of costs in light of unsuccessful economic loss claim
  3. 3 Award of costs under Pt 42.1 Uniform Civil Procedure Rules 2005

Ratio Decidendi

Interest should be awarded on the whole sum assessed as referable to past general damages from 1 July 1972, not apportioned to pre-1972 period, and costs should follow the event; no departure from general rule on costs.

Court Disposition

Judgment for the plaintiff.

Orders

  • Direct entry of judgment for the plaintiff in the amount of $206,122.
  • The defendant is to pay the plaintiff's costs as agreed or assessed.