Safwat Beshara v Australian Postal Corporation; Australian Postal Corporation v Swan Services Pty Ltd; Swan Services Pty Ltd v The Underwriter Insurance Company Pty Ltd; Australian Postal Corporation v The Underwriter Insurance Company Pty Ltd (No 3) [2008] NSWDC 73

New South Wales District Court

CITATION: Safwat Beshara v Australian Postal Corporation; Australian Postal Corporation v Swan Services Pty Ltd; Swan Services Pty Ltd v The Underwriter Insurance Company Pty Ltd; Australian Postal Corporation v The Underwriter Insurance Company Pty Ltd (No 3) [2008] NSWDC 73

HEARING DATE(S): 7 - 16 April 2008, 8 May 2008

JUDGMENT DATE: 14 May 2008

JURISDICTION: Civil

JUDGMENT OF: Goldring DCJ

1. Dismiss cross-claim by Australia Post against Services. 2. Australia Post pay the cross defendant Services' costs of the (first) cross-claim. 3. Dismiss the cross-claim by Services against Underwriters. DECISION: 4. Services to pay Underwriter's costs of the cross-claim. 5. Dismiss the cross-claim by Australia Post against Underwriters. 6. Australia Post to pay Underwriter's costs of the cross-claim. 7. Australia Post's costs payable by the plaintiff to include costs of the cross-claim by Australia Post against Services payable by Australia Post to Services up to and including 30 June 2007. 8. Services' costs payable by Australia Post to include costs of the cross-claim by Services against Underwiters from 1 July 2007 payable by Services to Underwriters from 1 July 2007.

CATCHWORDS: COSTS - cross-claims - when allowed - Bullock or Sanderson order

LEGISLATION CITED: Workers Compensation Act 1987

CASES CITED: Georgitsis v Lend Lease Interiors Pty Limited (1989) 17 NSWLR 106 Trident General Insurance Co Ltd v McNiece Bros Pty ltd (1988) CLR 107

Safwat Beshara (Plaintiff) PARTIES: Australian Postal Corporation (Defendant/Cross Claimant) Swan Services Pty Ltd (Cross Defendant/Cross Claimant) The Underwriter Insurance Company Pty Ltd (Cross Defendant)