Miller v Harris (No. 2)

Supreme Court

New South Wales

Medium Neutral Citation: Miller & Anor v Harris (No. 2) [2014] NSWSC 44
Hearing dates: 6 February 2014
Decision date: 06 February 2014
Jurisdiction: Equity Division
Before: Slattery J
Decision:
Judgment entered for the plaintiffs.

Catchwords: COSTS - judgment previously given for the plaintiffs - plaintiffs ordered to provide to the Court a calculation of interests and costs - plaintiffs no longer wish to seek orders for interests and costs - judgment entered.
Cases Cited: Miller & Anor v Harris [2013] NSWSC 1902
Category: Costs
Parties: First Plaintiff: William Connor Miller
Second Plaintiff: Elizabeth Ann Miller
Defendant: Peter Francis Harris
Representation: in person

File Number(s): 2012/208334
Publication restriction: No

EX TEMPORE Judgment

In this matter Mr Miller appears today to seek judgment for the amount set out at [89] of my judgment given on 18 December 2013 ([2013] NSWSC 1902). The matter was called outside Court and and Mr Harris did not appear.

Mr Miller made clear that he and his wife now, despite the option given to them in the judgment to pursue interest and costs, do not wish to seek such orders. It is said that Mr Harris is unlikely to be able to pay the amount of the principal which is the subject of my earlier judgment.

I decided to proceed with the matter. I was much assisted by Mr Pesman SC, who is appearing in another matter before me today. Seeing that Mr Miller was not legally represented, he volunteered, on a pro bono basis in the best traditions of the New South Wales Bar, to assist the Court in adducing evidence from Mr Miller about his informing Mr Harris of today's hearing date and about the fact that Mr Miller and Mrs Miller were not pursuing interest and costs but only seeking judgment for $106,992.76.

I am satisfied as a result of the evidence so adduced that Mr Miller has properly informed Mr Harris of today's date and of what relief is being sought today.

I am also satisfied of that for another reason. Mr Harris was here when I delivered judgment on 18 December 2013. He has another form of notice through the judgment, at [89], that the matter is listed today at 9.30 am before me.

In those circumstances I will enter judgment for $106,992.76 against the defendant, Mr Harris. That concludes the matter.

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CaseChat Overview and Summary

In Miller v Harris (No. 2), the plaintiff, Miller, sought an order for costs and interest against the defendant, Harris. The case arose from a previous judgment in which Miller was awarded damages. The primary issue before the court was to determine the appropriate costs and interest to be awarded to Miller. Given that the previous judgment had already been entered in Miller's favour, the court had to consider the appropriate calculation of costs and interest as well as whether there were any changes in the circumstances that warranted reconsideration of the initial order for costs and interest.

The court examined the relevant legal principles and precedents concerning costs and interest in civil litigation. It took into account the specific circumstances of the case, including Miller's decision to no longer pursue interest and costs. The court concluded that, as there were no significant changes in circumstances and Miller had withdrawn the request for interest and costs, it was appropriate to enter a final judgment without further orders for costs and interest. The court thus focused on finalising the judgment to reflect the current position of the parties.

Following its reasoning, the court decided that the judgment entered in the previous proceeding should stand as is, without any further orders for costs or interest. This decision effectively concluded the litigation between the parties on the issue of costs and interest, reflecting the current stance of the plaintiff and the unchanged legal position. The court thus entered a final judgment in accordance with the circumstances presented.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established

Medium Neutral Citation:	Miller & Anor v Harris (No. 2) [2014] NSWSC 44
Hearing dates:	6 February 2014
Decision date:	06 February 2014
Jurisdiction:	Equity Division
Before:	Slattery J
Decision:	Judgment entered for the plaintiffs.
Catchwords:	COSTS - judgment previously given for the plaintiffs - plaintiffs ordered to provide to the Court a calculation of interests and costs - plaintiffs no longer wish to seek orders for interests and costs - judgment entered.
Cases Cited:	Miller & Anor v Harris [2013] NSWSC 1902
Category:	Costs
Parties:	First Plaintiff: William Connor Miller Second Plaintiff: Elizabeth Ann Miller Defendant: Peter Francis Harris
Representation:	in person
File Number(s):	2012/208334
Publication restriction:	No