| IN THE SUPREME COURT OF VICTORIA | Not Restricted |
AT MELBOURNE
COMMON LAW DIVISION
PERSONAL INJURIES LIST
S CI 2015 05539
| MARIN BUCIC | Plaintiff |
| v | |
| ARNEJ PTY LTD | Defendant |
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JUDGE: | ZAMMIT J |
WHERE HELD: | Melbourne |
DATE OF HEARING: | 20 May 2019 |
DATE OF RULING: | 17 June 2019 |
CASE MAY BE CITED AS: | Bucic v Arnej Pty Ltd (No 2) |
MEDIUM NEUTRAL CITATION: | [2019] VSC 394 |
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PRACTICE AND PROCEDURE – Interest – Delay in prosecuting case – Delay attributable to plaintiff’s legal representatives – Whether good cause shown to limit period of statutory interest – Interest awarded from date of issue – Supreme Court Act 1986 s 60; Penalty Interest Rates Act 1983 s 2.
DAMAGES – Interest – Whether allowable in respect of gratuitous services – Whether gratuitous services are ‘liabilities which do not carry interest’ – Griffiths v Kerkemeyer (1977) 139 CLR 161 considered – Supreme Court Act 1986 s 60(3)(a).
COSTS – Judgment for plaintiff – Whether costs should be awarded on standard or indemnity basis – Offer of compromise on the day fixed for trial – Costs ordered on indemnity basis – Supreme Court (General Civil Procedure) Rules 2015 r 26.08.
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APPEARANCES: | Counsel | Solicitors |
| For the Plaintiff | Mr J B Richards QC with Mr D Dealehr | Carbone Lawyers |
| For the Defendant | Mr S A Smith SC | Moray & Agnew |
HER HONOUR:
Introduction
This ruling assumes familiarity with my principal reasons for judgment in this proceeding delivered on 20 May 2019.[1] I there found the defendant liable under Part IIA of the Wrongs Act 1958 for the injuries sustained by the plaintiff on 30 October 2007. I allowed damages in the sum of $1,043,000, with general damages of $300,000, and special damages of $743,000.
[1]Bucic v Arnej Pty Ltd [2019] VSC 330 (‘Principal Reasons’).
The damages I awarded the plaintiff may be summarised as follows:
| Past | Future | Total | |
| General damages[2] | $150,000 | $150,000 | $300,000 |
| Economic loss | $250,000 | $225,000 | $475,000 |
| Gratuitous care | $125,000 | $110,000 | $235,000 |
| Medical expenses | $8,000 | $25,000 | $33,000 |
| $533,000 | $510,000 | $1,043,000 |
[2]I allowed a global amount of $300,000 for general damages. However, the purposes of allowing interest, I consider it appropriate to divide that sum into two equal halves to represent past and future.
This ruling addresses three questions agitated by the parties. The first is whether I should allow damages in the nature of interest and, if so, from when. The second is whether I should exercise my discretion to refuse to allow damages in the nature of interest on any of the heads of damage set out above. The third is whether, in conformity with the rule that costs follow the event, the defendant should pay the plaintiff’s costs on a standard or on an indemnity basis.
For the reasons that follow, I will allow interest on $533,000 (past damages) from 26 October 2015 (the date of the writ) until 20 May 2019, and will ask the parties to bring in the new calculations. I will also order that the defendant pay the…
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- AGLC
- Bucic v Arnej Pty Ltd (No 2) [2019] VSC 394
- Case
- [2019] VSC 394
- Decision Date
CaseChat Overview and Summary
The court held that the delay in prosecuting the case was not entirely attributable to the plaintiff's legal representatives, and thus, the plaintiff was not precluded from claiming interest under section 60 of the Supreme Court Act 1986. The court awarded interest from the date of issue of the proceedings, as provided by section 60(3)(a) of the Act. The court also considered whether the gratuitous services provided by the plaintiff were 'liabilities which do not carry interest', as per the decision in Griffiths v Kerkemeyer, and concluded that such services did not fall under this category. Consequently, the court awarded interest on these services.
The court further addressed the issue of costs, determining that the defendant had made an offer of compromise on the day fixed for trial. Under rule 26.08 of the Supreme Court (General Civil Procedure) Rules 2015, the plaintiff was awarded costs on an indemnity basis. The final orders of the court included the award of damages with interest and costs on an indemnity basis to the plaintiff.
Orders
Orders of the court
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Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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