Lucas v Tubrule Pty Ltd [No 2] [2010] NSWDC 140

New South Wales District Court

CITATION: Lucas v Tubrule Pty Ltd [No 2] [2010] NSWDC 140

HEARING DATE(S): 4 May 2010

JUDGMENT DATE: 1 June 2010

JURISDICTION: District Court - Civil

JUDGMENT OF: Sidis DCJ

Verdict and judgment for the plaintiff in the sum of $796,202.00 as calculated in Scenario 1 of Exhibit P Tubrule Pty Limited is liable to Baulderstone Hornibrook Pty Limited in respect of its proportion of its judgment sum to the extent of $447,863.00. Baulderstone Hornibrook Pty Limited is liable to Tubrule Pty Limited in respect of its proportion of its judgment sum to the extent of $348,337.00. DECISION: The defendants are to pay the plaintiff's costs of the proceedings on an ordinary basis up to and including 26 September 2007 and on an indemnity basis thereafter. The cross-claim filed on behalf of Tubrule Pty Limited against Baulderstone Hornibrook Pty Limited is dismissed. The cross-claimant and the cross-defendant are to pay their own costs of the cross-claim. The exhibits are retained. The orders made are stayed for a period of 6 weeks on condition within that period a Notice of Appeal is filed and on condition thereafter the appeal is pursued with diligence and efficiency.

CATCHWORDS: FINAL ORDERS - Extended jurisdiction of the Court - Interest - Indemnity Costs

Civil Liability Act 2002 LEGISLATION CITED: Civil Procedure Act 2005 District Court Act 1973

CASES CITED: Richards v Cornford [2009] NSWDC 60 Richards v Cornford [2010] NSWCA 99

Emanuel Lucas (Plaintiff) PARTIES: Tubrule Pty Limited (First Defendant) Baulderstone Hornibrook Pty Limited (Second Defendant)