Comitogianni v Sydney Flower Market and ors [2010] NSWDC 215

New South Wales District Court

CITATION: Comitogianni v Sydney Flower Market and ors [2010] NSWDC 215

HEARING DATE(S): 17 - 24 May 2010; 4 June and 9 July 2010

JUDGMENT DATE: 1 October 2010

JURISDICTION: Civil

JUDGMENT OF: Phegan ADCJ

(1) Verdict and judgment for the plaintiff against the first defendant in the amount of $50,893.70. (2) Order that the first defendant pay the plaintiff's costs in her claim against the first defendant as agreed or assessed. (3) Verdict and judgment for the plaintiff against the second defendant in accordance with Consent Judgment filed on 23 July 2010 in the amount of $20,000. (4) Order that the second defendant pay the plaintiff's costs in her claim against the second defendant as agreed or assessed. DECISION: 5) Further order that, subject to recovery of the judgment awarded against the second defendant, recovery of the judgment sum awarded against the first defendant is limited to the sum of $30,893.70. (6) Verdict and judgment for the plaintiff against the third defendant in the amount of $50,893.70. (7) Order that the third defendant pay the plaintiff's costs in her claim against the third defendant as agreed or assessed. (8) Further order that, subject to recovery of the judgment awarded against the second defendant, recovery of the judgment sum awarded against the third defendant is limited to the sum of $30,893.70. (9) In the cross-claim between the first and third defendants, verdict and judgment by way of a complete indemnity in favour of the first defendant, including costs. (10) In the cross-claim between the second and third defendants, enter a verdict and judgment in favour of the third defendant on the grounds that the cross-claim was abandoned upon settlement of the plaintiff's claim against the second defendant. Costs as agreed or assessed are provisionally awarded to the third defendant but in making that order the withdrawal of the second defendant from the proceedings on the second day of the hearing is noted and, before this order is entered, submissions invited on costs.