ST1 v The State of New South Wales [2024] NSWSC 1534

Supreme Court New South Wales

Medium Neutral Citation: ST1 v The State of New South Wales [2024] NSWSC 1534 Hearing dates: 29 November 2024 Date of orders: 29 November 2024 Decision date: 29 November 2024 Jurisdiction: Common Law Before: Garling J Decision: (1) Order that there be judgment for the State of New South Wales against the cross defendant, Mr Wayne Astill, for $284,473.60. (2) Order that the cross defendant, Mr Wayne Astill, indemnify the State of New South Wales for the costs of the proceedings brought against it by the plaintiff known as ST1, such indemnity to be given effect to once the sum of costs has been ascertained. (3) Order the cross defendant, Mr Wayne Astill, to pay the State of New South Wales' costs of the cross claim on the ordinary basis. (4) Grant the parties liberty to apply. Catchwords: JUDGMENTS AND ORDERS – Default judgment – Cross-claim brought by the defendant/cross-claimant against the cross-defendant – Where the defendant/cross-claimant settled the claim brought by the plaintiff – Where no defence to the cross-claim has been filed and no appearance has been made by the cross-defendant – Whether the Court should order complete indemnity by the cross-defendant of the cross-claimant – Judgment for the defendant/cross-claimant against the cross-defendant – Order that the cross-defendant indemnify the defendant/cross-claimant. Legislation Cited: Not Applicable Cases Cited: Not Applicable Texts Cited: Not Applicable Category: Principal judgment Parties: W Astill (Cross-defendant) State of New South Wales (Cross-claimant) Representation: Counsel: A Williams (Cross-claimant)