Soblusky v Egan [1960] HCA 9

High Court of Australia Dixon C.J. Kitto and Windeyer JJ. Soblusky v Egan [1960] HCA 9

ORDER Dismiss appeal as against the respondent Egan with costs. Dismiss the cross-appeal of the respondent Egan with costs so far as they are referable to the cross-appeal. Costs payable by and to the respondent Egan to and by the appellant Soblusky to be set off. Dismiss with costs both the appeal of the appellant Soblusky and the cross-appeal of the respondent Behrendorff against so much of the judgment of the Supreme Court as determines the respective indemnities inter se of the defendant Soblusky and the defendant Behrendorff. Dismiss with costs the respondent Behrendorff's cross appeal against so much of the said judgment as determines that the plaintiff is entitled to recover from the defendants the sum of £6,082 4s. 0d. as damages. Costs payable to the respondent Egan by the respondent Behrendorff to be set off with costs payable by respondent Egan to respondent Behrendorff. Discharge the whole of the judgment of the Supreme Court and substitute the following: Order that judgment in the action be entered for the plaintiff for £6,082 4s. 0d. damages against all the defendants with costs and judgment be entered for the plaintiff against the defendant Lewis and the defendant Soblusky for an additional sum of £10 15s. 0d. damages. Order that to the extent of half the amount the defendant Behrendorff and the defendant Soblusky respectively indemnify one another against their liability to the plaintiff under the foregoing judgment for £6,082 4s. 0d. Order that the defendant Soblusky and the defendant Behrendorff indemnify one another respectively to the extent of one-half the costs of the action awarded to the plaintiff in the action under the foregoing judgment.

Cur. adv. vult.

The Court delivered the following written judgment:—