Bosevski v Avopiling Pty Ltd; The Workers Compensation Nominal Insurer v Avopiling Pty Ltd (No 2) [2018] NSWSC 205

Bosevski v Avopiling Pty Ltd; The Workers Compensation Nominal Insurer v Avopiling Pty Ltd (No 2) [2018] NSWSC 205

Correction to the reasons for judgment prior to entry is permissible where there is a misapprehension of facts and the intention of the court was to reflect parties' agreed life expectancy; costs orders should follow the event and taxation will address issues of costs after consolidation, with ordinary orders made.

Jurisdiction
Australia
Judgment Date
28 February 2018
Procedural Posture
Consequential Orders (other Than Costs) / Post Judgment Corrections and Final Orders
Outcome
Correction made to reasons for judgment reflecting agreed life expectancy; final orders for damages and costs issued.
Legal Topics
['calculation of Life Expectancy' 'correction of Reasons for Judgment' 'costs Orders' 'finality of Judgments']
['civil Litigation' 'workers Compensation'] ['calculation of Life Expectancy' 'correction of Reasons for Judgment' 'costs Orders' 'finality of Judgments']

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Procedural Posture

Consequential Orders (other Than Costs) / Post Judgment Corrections and Final Orders

Legal Issues

  1. 1 ['Whether reasons for judgment can be corrected prior to entry' 'Proper calculation of life expectancy for damages' "Entitlement to costs after consolidation of defendants' case"]

Ratio Decidendi

Correction to the reasons for judgment prior to entry is permissible where there is a misapprehension of facts and the intention of the court was to reflect parties' agreed life expectancy; costs orders should follow the event and taxation will address issues of costs after consolidation, with ordinary orders made.

Court Disposition

Correction made to reasons for judgment reflecting agreed life expectancy; final orders for damages and costs issued.

Orders

  • ['Judgment for the plaintiff against the defendant in 2009/337219 in the sum of $2,632,390.93 including interest pursuant to s 18 of the Civil Liability Act 2002.' 'Judgment for the cross defendant against the defendant/cross claimant on the amended first cross claim dated 27 May 2011.' "Cross defendant's costs to...