Singline v Commonwealth of Australia (No 2)

In the Federal Court of Australia, Singline pursued a claim against the Commonwealth of Australia in a dispute concerning damages, specifically the reduction of damages for uncertainty, and the calculation of interest. The case followed on from a previous decision, and the plaintiff sought clarification on the application of the Malec v Hutton principle to past damages and the correct method of calculating interest. Additionally, the plaintiff argued for indemnity costs, including those for a medical expert who had to travel interstate for an examination ordered by the defendant's experts.

The court was tasked with determining whether the reduction of damages for uncertainty should apply to past damages and how interest should be calculated where there was an error in the initial computation. Furthermore, the court had to consider the plaintiff's request for indemnity costs, particularly those related to the interstate travel of a medical expert to participate in an examination mandated by the defendant.

The court found that the reduction for uncertainty applied to past damages in accordance with the principles set out in Malec v Hutton. It ruled that where there was a probable course of the damages, the reduction should reflect this. Regarding the calculation of interest, the court recognised the error in the initial computation and adjusted the interest accordingly. The court also granted the plaintiff's application for indemnity costs, including the costs of the medical expert's interstate travel, as these were deemed necessary and reasonable.

As a result, the court reduced the damages for uncertainty as per the Malec v Hutton principle, corrected the interest calculation, and awarded indemnity costs to the plaintiff. These orders reflected the court's findings on the legal issues presented in the case.