Don Cowie's Downunder Aquatics Pty Ltd v Edwards [1990] QSC 444

10 ?Q 30 40 50 60 IN THE SUPREME COURT OF QUEENSLAND CIVIL JURISDICTION No. 84 of 1989 BEFORE THE CHIEF JUSTICE (Mr. Justice Macrossan) BRISBANE, 1 NOVEMBER 1990 (Copyright in this transcript is vested in the Crown. Copies thereof must not be made or sold without the written authority of the Chief Court Reporter,Court Reporting Bureau.) BETWEEN: DON COWIE' S DOWNUNDER AQUATICS- PTY. LTD. (trading as Ocean Spirit Diving Services) Plaintiff -and- ROSS ARTHUR EDWARDS (carrying on business as Barrier Reef Rendezvous) JUDGMENT Defendant HIS HONOUR: Since I pronounced judgment in this matter it has been drawn to my attention that there was an error in the calculation of loss of profits, past loss of profits as it has been referred to in the judgment. They were calculated as appears on the judgment itself from a period from April 1988 to October 1990. It should have been from October 1989, of course, to October 1990. That means that the component of damages which I assessed, including the amount for loss of profit for the past period, was excessive. That figure must be corrected and it will by consent be ordered·: ·. ·-that ~ I correct it by adjusting the total to account for the necessary adjustment of the past loss of profit figure to which I have referred. ~By consent, it is then agreed that the total profit "0vt Printer, Qld. 1 10 20 30 40 50 60 -- 1 of 2 -- 10 20 30 40 50 60 figure which had stood at $256,077, should be corrected to $203,424. The interest to which I referred in the judgment has also been now calculated and is agreed. The result is that I will order in terms of the draft which has been prepared and put before me and I will now initial it. I am actually only holding a copy. Has someone got the original? MS. BEHM: I have the original, Your Honour. (Handed to His Honour.) HIS HONOUR: It is agreed that I should now order in terms of this amended minute of judgment. I will now initial that. The reason why it was necessary to announce it all in Court is because such a length of time has passed since it was first pronounced. It is appropriate that the record should be formally correct as well. -,,. ,ovt. Printer, Qld. ·.-,, 2 10 2(' 30 40 50 60 -- 2 of 2 --