Gumland Property Holdings Pty Limited v Duffy Bros Fruit Market (Campbelltown) Pty Limited [2008] HCA 10

HIGH COURT OF AUSTRALIA

GLEESON CJ,

KIRBY, HEYDON, CRENNAN AND KIEFEL JJ

GUMLAND PROPERTY HOLDINGS PTY LIMITED APPELLANT

AND

DUFFY BROS FRUIT MARKET (CAMPBELLTOWN)

PTY LIMITED & ORS RESPONDENTS

Gumland Property Holdings Pty Limited v Duffy Bros Fruit Market (Campbelltown) Pty Limited [2008] HCA 10

27 March 2008

S395/2007

ORDER

1. Appeal allowed. 2. Special leave to cross-appeal granted; cross-appeal treated as instituted and heard instanter and dismissed. 3. Set aside the judgment for the appellant against the first respondent in the amount of $362,232 and, in its place, restore the judgment, given by the trial judge, for the appellant against the first respondent in the amount of $2,096,514, plus interest on that sum from 28 March 2006 calculated in accordance with s 101 of the Civil Procedure Act 2005 (NSW). 4. Set aside the order relating to costs between the appellant and the first respondent and, in its place, order that the first respondent pay the appellant's costs of the proceedings before the trial judge, of the appeal to the Court of Appeal of the Supreme Court of New South Wales and of the appeal and cross-appeal to this Court. 5. Set aside the judgment for the appellant against the second and third respondents for $362,232 and, in its place, give judgment for the appellant against the second and third respondents in the amount of $2,096,514, plus interest on that sum from 28 March 2006 calculated in accordance with s 101 of the Civil Procedure Act 2005 (NSW). 6. The second and third respondents to pay the appellant's costs of the appeal and cross-appeal to this Court.

On appeal from the Supreme Court of New South Wales

Representation

J N West QC with N J Kidd for the appellant (instructed by PricewaterhouseCoopers Legal)

G C Lindsay SC with R G H Keller for the respondents (instructed by MJ Lawyers)