Jones v Braund (No. 3) [2020] NSWDC 74

Jones v Braund (No. 3) [2020] NSWDC 74

The Court corrected the provisional arithmetic for past out of pocket expenses to $56,793.12 but declined to remove the $22,000 paid to the defendant's practice, allowed interest and non-economic loss, and allowed no future out of pocket expenses because the defendant's liability did not extend beyond May 2016. The Calderbank offer did not justify varying the usual costs order. Although the offer of compromise was a genuine rules offer and the plaintiff obtained a monetary outcome no more favourable than the offer, the Court otherwise ordered because the circumstances, including the plaintiff's self-representation, apparent lack of appreciation of costs consequences, the defendant's...

Jurisdiction
Australia
Judgment Date
01 April 2020
Procedural Posture
Civil Personal Injury Damages Claim / Final Orders and Costs After Reasons for Judgment; on the Papers
Outcome
Verdict and judgment for the plaintiff for $95,492.57; defendant to pay the plaintiff's costs fixed at $19,098.51.
Legal Topics
['slip Rule' 'past Out of Pocket Expenses' 'future Out of Pocket Expenses' 'interest' 'non Economic Loss' 'calderbank Offer' 'offer of Compromise' 'costs Following the Event' 'indemnity Costs' 'cap on Costs for Personal Injury Damages Claim Under the Legal Profession Uniform Application Act 2014 (nsw)']
['practice and Procedure' 'costs' 'personal Injury Damages'] ['slip Rule' 'past Out of Pocket Expenses' 'future Out of Pocket Expenses' 'interest' 'non Economic Loss' 'calderbank Offer' 'offer of Compromise' 'costs Following the Event' 'indemnity Costs' 'cap on Costs for Personal Injury Damages Claim Under the Legal Profession Uniform Application Act 2014 (nsw)']

Case Brief

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Procedural Posture

Civil Personal Injury Damages Claim / Final Orders and Costs After Reasons for Judgment; on the Papers

Legal Issues

  1. 1 ['Whether the provisional finding on past out of pocket expenses should be corrected under the slip rule.' 'Whether future out of pocket expenses should be allowed in light of the causation findings.' 'What amount should be allowed for interest on past out of pocket expenses and non-economic loss.' "Whether the defendant's Calderbank letter justified varying the usual costs order." "Whether the defendant's offer of compromise engaged rr 20.26 and 42.15 of the Uniform Civil Procedure Rules 2005 (NSW), and whether the Court should otherwise order." "Whether the plaintiff's recoverable costs were capped by Schedule 1 to the Legal Profession Uniform Application Act 2014 (NSW)."]

Ratio Decidendi

The Court corrected the provisional arithmetic for past out of pocket expenses to $56,793.12 but declined to remove the $22,000 paid to the defendant's practice, allowed interest and non-economic loss, and allowed no future out of pocket expenses because the defendant's liability did not extend beyond May 2016. The Calderbank offer did not justify varying the usual costs order. Although the offer of compromise was a genuine rules offer and the plaintiff obtained a monetary outcome no more favourable than the offer, the Court otherwise ordered because the circumstances, including the plaintiff's self-representation, apparent lack of appreciation of costs consequences, the defendant's...

Court Disposition

Verdict and judgment for the plaintiff for $95,492.57; defendant to pay the plaintiff's costs fixed at $19,098.51.

Orders

  • ['Verdict and Judgment for the plaintiff for the sum of $95,492.57.' "The defendant is to pay the plaintiff's costs in the fixed sum of $19,098.51." "Liberty to apply on 7 days' notice if there be any further application in relation to the calculations contained in this judgment." 'Exhibits to be returned within 28...