MONTI-HAITSMA ENTERPRISES PTY LIMITED v LORD [1988] NSWCA 95

MONTI-HAITSMA ENTERPRISES PTY LIMITED v LORD

SUPREME COURT OF NEW SOUTH WALES COURT OF APPEAL

MAHONEY, MCHUGH and CLARKE JJA 20 September 1988

[1988] NSWCA 95

Mahoney, McHugh and Clarke JJA MEMORANDUM The Court gave judgment in this matter on 12 May 1988 when it set aside two verdicts for damages in favour of the plaintiffs and ordered a new trial. The Court also upheld a cross appeal by the plaintiffs and ordered a new trial in respect of publications in which the trial judge had ordered verdicts for the defendant. The orders were subject to the parties considering whether there was a procedure which without a re-trial would be appropriate for determining the proceedings.

On 9 June 1988 the parties agreed that the Court, acting as an arbitrator, should make orders which would dispose of any further hearing of the action. Pursuant to that agreement the Court has determined that there should be judgment for the plaintiffs in respect of their causes of action in the sum of $50,000.

Accordingly, the Court makes the following orders:

1. Appeal allowed.

2. Cross-appeal allowed in respect of publications in paras 3, 5 and 7 of the Statement of Claim. Otherwise cross-appeal dismissed. The plaintiffs to pay the costs of the appeal. The defendants to pay one half of the costs of the cross-appeal. Direct entry of judgment for the plaintiffs in the sum of $50,000. The Defendants to pay four fifths of the costs of the first trial. The plaintiffs to have a certificate under the Suitors' Fund Act 1951 in respect of the appeal. The first defendant, if eligible, and the second defendant to have certificates under the Suitors' Fund Act 1951 in respect of cross-appeal. 9. Liberty to apply in respect of any further orders required.

NAAR YH

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