LIVINGSTONE v IRELAND SUPREME COURT OF NEW SOUTH WALES - COURT OF APPEAL 5 MEAGHER HANDLEY and SHELLER JJA 6 December 1993 [1993] NSWCA 164 Meagher, Handley and Sheller JJA Orders as below. en 1. Appeal allowed. 2. 3. A Declaration that on 12 August 1989 Ian Hunter Livingstone and Orders 1, 2, 6(i) and (ii) made 13 February 1991 set aside. Ringal Valley Pty Ltd ceased to be under any obligation thereafter to indemnify Colin Leo Ireland and C L Ireland Holdings Pty Ltd as provided for in clause 2(ii) of the deed made 11 March 1988 between C L Ireland Holdings Pty Ltd and Colin Leo Ireland of the one part and Jan Hunter Livingstone of the other insofar as the obligation concerned and repayments which C L Ireland Holdings Pty Ltd and Colin Leo Ireland or either of them has been or may be called upon to repay after 12 August 1989 to the Commonwealth Bank of Australia (Account 2814 164-177) under contracts of loan and guarantee dated 11 March 1988 where the repayment was not due for payment under clause 2(i) of the said deed before 12 August 1989. A Declaration that C L Ireland and C L Ireland Holdings Pty Ltd are obliged to indemnify Ian Hunter Livingstone and Ringal Valley Pty Ltd against any liability Ian Hunter Livingstone and Ringal Valley Pty Ltd may have after 12 August 1989 to repay any of the monies advanced by the Commonwealth Bank of Australia (Account 2814 164-177) pursuant to bank deed dated 11 March 1988 and referable to clause 2(i) of the deed of 11 March 1988. Judgment for the Plaintiffs in the sum of two hundred and fifty nine thousand seven hundred and eleven dollars and ninety cents ($259,711.90). An Order that each party have liberty to apply for any further orders that are required pursuant to the preceding Orders or Declaration upon giving 3 days notice to the solicitor for the other party. Respondents to pay the Appellants' costs of the appeal. Respondents to pay the Appellants' costs (as Plaintiff and Cross-Defendants) of the proceedings at first instance subject to Orders 6(ili) and 6(iv) made 13 February 1991. Respondents to have a certificate under the Suitor' Fund Act, 1951.