Clement v Backo & Suncorp Metway Insurance Ltd (No 2) [2006] QSC 119

[2006] QSC 119 SUPREME COURT OF QUEENSLAND CIVIL JURISDICTION DUTNEY J No 592 of 2005 JOHN RADCLIFFE CLEMENT Plaintiff and ELTON MERVYN BACKO First Defendant SUNCORP METWAY INSURANCE LIMITED Second Defendant ROCKHAMPTON ..DATE 05/05/2006 JUDGMENT -- 1 of 2 -- 2 HIS HONOUR: This is a matter in which I gave judgment in Brisbane on the 26th of April 2006 in favour of the plaintiff against the second defendant in the sum of $539,044.08. It was subsequently- drawn to my attention by the solicitor for the plaintiff that in giving judgment, I did not include an amount of $10,900 which was claimed for past meal allowance, notwithstanding that I allowed for the future an amount of $37,500. Both the future amount of $37,500 and the $10,900 amount for the past were figures which were agreed between counsel for the plaintiff and counsel for the second defendant. The omission of $10,900 was an oversight on my part. At my request, the solicitor for the plaintiff filed an application seeking to have the judgment amended to include the amount which had been omitted by my mistake. The second defendant does not oppose the application. Accordingly, I amend the judgment by including that additional sum. There will therefore be judgment for the plaintiff against the second defendant in the sum of $549,944.08 in lieu of the amount of the judgment previously pronounced. The order for costs made previously was that the second defendant pay the plaintiff's costs to be assessed on an indemnity basis. That order will stand. -- 2 of 2 --