Hennessy v Patrick Stevedores Operations & Anor (No 2) [2014] NSWSC 1850

Hennessy v Patrick Stevedores Operations & Anor (No 2) [2014] NSWSC 1850

The court refused to allow further time for the parties to bring more precise evidence regarding the Fox v Wood component and adhered to its earlier judgment. The court ordered the plaintiff to pay the first and second defendants’ costs thrown away by adjournments, with his solicitors to indemnify him, relying on a concession from plaintiff's counsel. The court granted a stay of judgment against the first defendant on condition that a notice of appeal be filed within 28 days.

Parties
Plaintiff: Shane William Hennessy; First Defendant: Patrick Stevedoring; Second Defendant: FBIS International Protective Serivces (Aust.) Pty Ltd
Jurisdiction
Australia
Judgment Date
20 December 2014
Procedural Posture
Common Law Costs Application / Post Judgment; Correction of Slip; Costs and Stay Applications
Outcome
Orders to be brought in reflecting reasons. Further correction of slip declined. Plaintiff to pay costs of adjournments; his solicitors to indemnify him. Stay granted to first defendant conditionally.
Legal Topics
Correction of Slip, Costs Thrown Away, Stay Pending Appeal, Fox V Wood Damages
Costs Civil Procedure Correction of Slip Costs Thrown Away Stay Pending Appeal Fox V Wood Damages

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Parties

Shane William Hennessy

Plaintiff

Patrick Stevedoring

First Defendant

FBIS International Protective Serivces (Aust.) Pty Ltd

Second Defendant

Procedural Posture

Common Law Costs Application / Post Judgment; Correction of Slip; Costs and Stay Applications

Legal Issues

  1. 1 Whether to correct slips in the judgment calculation of damages
  2. 2 Whether to adjust the Fox v Wood component of damages
  3. 3 Entitlement to costs thrown away by adjournments

Ratio Decidendi

The court refused to allow further time for the parties to bring more precise evidence regarding the Fox v Wood component and adhered to its earlier judgment. The court ordered the plaintiff to pay the first and second defendants’ costs thrown away by adjournments, with his solicitors to indemnify him, relying on a concession from plaintiff's counsel. The court granted a stay of judgment against the first defendant on condition that a notice of appeal be filed within 28 days.

Court Disposition

Orders to be brought in reflecting reasons. Further correction of slip declined. Plaintiff to pay costs of adjournments; his solicitors to indemnify him. Stay granted to first defendant conditionally.

Orders

  • Parties to bring in short minutes of order reflecting agreed corrections and reasons given.
  • Plaintiff to pay first and second defendants' costs thrown away by adjournments on 4 and 5 June 2013.