Jones v Braund (No. 3)

[2020] NSWDC 74

District Court

New South Wales

• Amendment notes

Medium Neutral Citation:	Jones v Braund (No. 3) [2020] NSWDC 74
Hearing dates:	On the papers
Date of orders:	01 April 2020
Decision date:	01 April 2020
Jurisdiction:	Civil
Before:	Abadee DCJ
Decision:	See paragraph 60
Catchwords:	PRACTICE AND PROCEDURE – orders to dispose of proceedings – application to invoke ‘slip’ rule in relation to provisional finding on quantum of out of pocket expenses   COSTS – Calderbank letter – whether rejection by offeree reasonable – offer of compromise – plaintiff awarded monetary judgment in sum no more favourable than offer for damages – whether rejection by offeree reasonable – whether Court should “otherwise order” in the exercise of its discretion – cap on damages where monetary judgment is for less than $100,000 in respect to personal injury damages claim
Legislation Cited:	Civil Liability Act 2002 (NSW) ss 5O, 11, 11A Civil Procedure Act 2005 (NSW) s 98 Evidence Act 1995 (NSW) s 131 Legal Profession Uniform Application Act 2014 (NSW) Schedule 1 Uniform Civil Procedure Rules 2005 (NSW) rr 20.26, 42.1, 42.13, 42.15, 42.15A, 42.16
Cases Cited:	Commonwealth of Australia v Gretton [2008] NSWCA 117 Croghan v Blacktown City Council [2019] NSWCA 248 Gretton v Commonwealth of Australia [2007] NSWSC 149 Hatton v Harris [1892] AC 547 Hillier v Sheather (1995) 36 NSWLR 414 Jones v Braund [2020] NSWDC 32 Jones v Braund (No.2) [2020] NSWDC 54 Leach v The Nominal Defendant (QBE Insurance (Australia) Ltd) (No.2) [2014] NSWCA 391 Morgan v Johnson (1998) 44 NSWLR 578 Regency Media Pty Ltd v AAV Australia Pty Ltd [2009] NSWCA 368 The Uniting Church v Takacs (No 2) [2008] NSWCA 172 Walker v Harwood [2017] NSWCA 228
Texts Cited:	Ritchie’s Uniform Civil Procedure (NSW)
Category:	Principal judgment
Parties:	Mr RM Jones (Plaintiff) Mr M Braund (Defendant)
Representation:	Counsel: Plaintiff appeared in person Mr R O’Keefe for the Defendant   Solicitors: Mills Oakley for the Defendant
File Number(s):	2018/135378
Publication restriction:	Nil

Judgment

INTRODUCTION

1. I gave reasons for judgment in this matter on 19 March 2020[1] whilst giving the parties the opportunity to make submissions as to final orders. The parties have supplied the Court with proposed short minutes and written submissions in support [2] . As at trial, Mr Jones prepared his documents by himself; without legal representation.

   1. Jones v Braund (No.2) [2020] NSWDC 54 (hereafter ‘the Reasons’).

   2. The directions at the conclusion of the Reasons were designed to ensure that the plaintiff would respond to the defendant’s submissions: [510] of the Reasons.

2. Nothing of substance was agreed between the parties in respect to orders disposing of the proceeding. The remaining issues are:

1. what allowances should be made to the plaintiff for:

1. past out of pocket expenses; and

2. future out of pocket expenses,

2. what is the allowance for interest on past out of pocket expenses; and

3. what orders for costs should be made having regard to:

1. a Calderbank offer made by the defendant on 7 February 2020;

2. a purported ‘rules offer’ served by the…