COMINO v MANETTAS, COONEY v MANETTAS [1993] NSWCA 72

COMINO v MANETTAS, COONEY v MANETTAS SUPREME COURT OF NEW SOUTH WALES COURT OF APPEAL

MAHONEY, SHELLER and CRIPPS JJA 28 April 1993, 20 May 1993

[1993] NSWCA 72

Appeal from Commercial Division — Judgment delivered on 5 March 1993 — Short Minutes of Orders brought in — Form of Declarations and Orders to be made determined.

Mahoney JA The Government Insurance Office of New South Wales (GIO) has sued,inter alia, Nicholas Peter Manettas upon guarantees given by him of loans made by the GIO to Dylcu Pty Ltd and Presabout Pty Ltd Mr Manettas sued his solicitors for negligence in relation to the guarantees. They claimed indemnity from their insurers.

The proceedings were heard before Cole J in the Commercial Division of the Court. In judgments given on 4 June 1992 and 8 July 1992 his Honour determined the issues raised.

Appeals were brought to this Court by the solicitors and cross appeals were lodged. On 5 March 1993 this Court delivered judgment. The court was of opinion that the judgment given by Cole J in favour of the insurer Lawcover should be set aside and that the solicitors should have judgment against Lawcover: otherwise the appeals and cross appeals should be dismissed.

The court directed that short minutes of the orders to be made should be brought in to give effect to the conclusions at which the court had arrived. I then said:

"Tt is not, in my opinion, practicable for the court at this stage to attempt to settle the terms of the orders to be made. The parties have indicated that there are some matters which, on one view, may remain outstanding and which it will be appropriate to be dealt with by the trial judge. The court is required to determine all of the outstanding disputes between the parties if, within the proper principles, this can be achieved: see Supreme Court Act 1970, s63; Neeta (Epping) Pty Ltd v Phillips (1974) 131 CLR 286 at 306-7. Within the limits of these principles, it is proper that the court invite the parties to indicate what (if any) further procedures should be taken within the terms of the present proceedings."