WARDLE v KICK & ORS [2006] NSWSC 622

WARDLE v KICK & ORS [2006] NSWSC 622

Because the parties agreed the calculation of damages, interest and costs following the Court's findings, the Court made the agreed verdicts and costs orders, including a verdict for the plaintiff against the first and third defendants in the sum of $526,536.19 and verdicts for the second and fourth defendants against the plaintiff. The Court also withdrew the previously published reasons and published corrected reasons on liability and damages because the transcript of part of the ex tempore judgment differed significantly from the reasons delivered in court.

Jurisdiction
Australia
Judgment Date
21 June 2006
Procedural Posture
Civil Negligence Proceeding / Orders and Costs Following Delivery of Reasons on Liability and Damages
Outcome
Verdict for the plaintiff against the first and third defendants for $526,536.19; verdicts for the second and fourth defendants against the plaintiff; specified cross claims dismissed or allowed; costs orders made; corrected reasons published.
Legal Topics
['award of Damages Including Interest' 'determination of Cross Claims' 'costs Orders' 'corrections to Primary Judgment']
['negligence' 'damages' 'civil Procedure' 'costs'] ['award of Damages Including Interest' 'determination of Cross Claims' 'costs Orders' 'corrections to Primary Judgment']

Case Brief

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Procedural Posture

Civil Negligence Proceeding / Orders and Costs Following Delivery of Reasons on Liability and Damages

Legal Issues

  1. 1 ['What orders should be made following the delivery of reasons, including interest and costs.' 'What verdicts and orders should be made on the cross claims between the defendants.' 'Whether corrected primary reasons should be published after discrepancies in the transcript of ex tempore reasons were identified.']

Ratio Decidendi

Because the parties agreed the calculation of damages, interest and costs following the Court's findings, the Court made the agreed verdicts and costs orders, including a verdict for the plaintiff against the first and third defendants in the sum of $526,536.19 and verdicts for the second and fourth defendants against the plaintiff. The Court also withdrew the previously published reasons and published corrected reasons on liability and damages because the transcript of part of the ex tempore judgment differed significantly from the reasons delivered in court.

Court Disposition

Verdict for the plaintiff against the first and third defendants for $526,536.19; verdicts for the second and fourth defendants against the plaintiff; specified cross claims dismissed or allowed; costs orders made; corrected reasons published.

Orders

  • ['Verdict for the plaintiff as against the first and third defendants in the sum of $526,536.19.' 'Verdict for the second defendant as against the plaintiff.' 'Verdict for the fourth defendant as against the plaintiff.' "That the second defendant's cross claim as concerns the fourth defendant is dismissed with no...