GERASIMOS GEORGITSIS and ORS v LEND LEASE INTERIORS LTD [1994] NSWCA 106

GEORGITSIS vy LEND LEASE INTERIORS LTD SUPREME COURT OF NEW SOUTH WALES COURT OF APPEAL

KIRBY P, CLARKE and MEAGHER JJA 7 February 1994, 31 March 1994

[1994] NSWCA 106

INDUSTRIAL ACCIDENT — CONTRACTOR — SUBCONTRACTOR — MULTIPLE PLAINTIFFS — SEPARATE SET OF COSTS PER PLAINTIFF — FAILURE TO TAKE INTO ACCOUNT RELEVANT CONSIDERATIONS

An industrial accident occurred on premises where building work was being carried out and as a result the ten appellants who worked for the sub-contractor, DeMartin & Gasparini Pty Ltd, were injured. There are ten appeals against an order that each appellant receive only one-tenth of his costs. The trial judge found that the relevant interests of all ten plaintiffs in the hearing were identical and thus that justice would be done if LLI were ordered to pay one full set of costs in relation to the representation of all ten of the plaintiffs as between them on the one hand and LLI on the other.

It was held that the trial judge had failed, in considering whether it was just to the appellants to make the order which he did, to have regard both to the right of, and the need for, each appellant to be represented at the hearing of the crossclaim and, secondly, had taken no account of the importance of representation at the hearing for each appellant in order that that appellant's interests might be protected. The appeal was thus allowed.

Clarke JA These are ten appeals, pursuant to leave granted on 19 October 1993, against an order that each appellant receive only one-tenth of his costs, which order was made by Sully J on 10 September 1993. The substantive argument on the appeal was propounded by senior counsel for two of the appellants, Vittorio Dimanno and Tome Conevski, (he having appeared only for Conevski at the trial) and, although I was informed subsequent to writing this judgment that Conevski's appeal had been settled I will specifically mention Conevski from time to time to reflect the submissions put to the Court.