Oyston v St Patrick's College (No 3)

[2013] NSWCA 324

Court of Appeal

Supreme Court

New South Wales

Medium Neutral Citation:

Oyston v St Patrick's College (No 3) [2013] NSWCA 324

Hearing dates:

On the papers

Decision date:

03 October 2013

Before:

Macfarlan JA, Barrett JA, Tobias AJA

Decision:

1. In lieu of Order 3 made on 23 September 2013, set aside the judgment in favour of the appellant in the sum of $124,938.48 given and entered on 17 October 2011 and in lieu thereof enter judgment for the appellant in the amount of $162,207.34.

[Note: The Uniform Civil Procedure Rules 2005 provide (Rule 36.11) that unless the Court otherwise orders, a judgment or order is taken to be entered when it is recorded in the Court's computerised court record system. Setting aside and variation of judgments or orders is dealt with by Rules 36.15, 36.16, 36.17 and 36.18. Parties should in particular note the time limit of fourteen days in Rule 36.16.]

Catchwords:

PROCEDURE - parties agree on final order

Category:

Consequential orders

Parties:

Jazmine Oyston (Appellant/Cross-Respondent)
St Patrick's College (Respondent/Cross-Appellant)

Representation:

Counsel:
H Marshall SC and G Smith (Appellant/Cross-Respondent)
R Sheldon SC and S Glascott (Respondent/Cross-Appellant)
Solicitors:
Lough & Wells Lawyers (Appellant/Cross-Respondent)
Makinson & d'Apice (Respondent/Cross-Appellant)

File Number(s):

2012/16667

 Decision under appeal 

Citation:

Oyston v St Patrick's College [2011] NSWSC 269
Oyston v St Patrick's College [2011] NSWSC 826 (costs)

Before:

Schmidt J

File Number(s):

2007/265225

Judgment

1. TOBIAS AJA: On 23 September 2013 the Court, relevantly, allowed the appeal in part and made the following order:

3. Set aside the judgment in favour of the appellant in the sum of $124,938.48 given and entered on 17 October 2011 and in lieu thereof enter judgment for the appellant in the amount to be determined by the parties in accordance with these reasons and conveyed to the Court within 7 days of the date of these orders.

1. The parties have reached agreement as to the amount of damages and interest to which the appellant is entitled in accordance with our reasons in Oyston (No 2). That amount is $162,207.34 made up as follows:

Non-economic loss	$34,775.00
Past economic loss	$25,480.00
Past loss of superannuation	$2,802.80
Interest on past economic loss	$7,746.66
Future economic loss	$50.000.00
Future loss of superannuation	$5,500.00
Past out-of-pocket expenses	$3,876.30
Interest on past out-of-pocket expenses	$895.22
Future out-of-pocket expenses	$11,137.50
Interest on judgment	$19,993.86

1. Accordingly, the Court now makes the following order:

In lieu of Order 3 made on 23 September 2013, set aside the judgment in favour of the appellant in the sum of $124,938.48 given and entered on 17 October 2011 and in lieu thereof enter judgment for the appellant in the amount of $162,207.34.

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