SR v Trustees of the De La Salle Brothers (No 2) [2023] NSWSC 150

SR v Trustees of the De La Salle Brothers (No 2) [2023] NSWSC 150

The judgment must be corrected to include the accidentally omitted sum for loss of earning capacity prior to 2016. Interest should be awarded on both the buffer sum and subsequent loss, calculated according to established principles, reflecting appropriate periods and rates, and ceasing at the date a settlement offer was made under s 100(4) of the Civil Procedure Act 2005 (NSW), as no special circumstances exist to justify interest beyond that date.

Jurisdiction
Australia
Judgment Date
09 March 2023
Procedural Posture
Application Under Slip Rule / Post Judgment Amendment
Outcome
Application under slip rule granted; judgment amended to include omitted sum and interest.
Legal Topics
['correction of Judgment' 'slip Rule' 'interest on Damages' 'calculation of Damages']
['civil Procedure'] ['correction of Judgment' 'slip Rule' 'interest on Damages' 'calculation of Damages']

Case Brief

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Procedural Posture

Application Under Slip Rule / Post Judgment Amendment

Legal Issues

  1. 1 ['Whether the judgment should be corrected under the slip rule to include the omitted amount for loss of earning capacity prior to 2016' 'Whether interest should be awarded on past loss of earning capacity, including buffer sums']

Ratio Decidendi

The judgment must be corrected to include the accidentally omitted sum for loss of earning capacity prior to 2016. Interest should be awarded on both the buffer sum and subsequent loss, calculated according to established principles, reflecting appropriate periods and rates, and ceasing at the date a settlement offer was made under s 100(4) of the Civil Procedure Act 2005 (NSW), as no special circumstances exist to justify interest beyond that date.

Court Disposition

Application under slip rule granted; judgment amended to include omitted sum and interest.

Orders

  • ['Original judgment amended to include $150,000 for loss of earning capacity prior to 2016.' 'Interest awarded on $150,000 for 6.75 years at 2.5%, totaling $25,312.50.' 'Interest awarded on $184,761.20 for 3.375 years at 1.52%, totaling $9,477.' 'Judgment sum amended to $1,330,304.60.']