Robinson v Hill [2010] NSWDC 100

New South Wales District Court

CITATION: Robinson v Hill [2010] NSWDC 100

HEARING DATE(S): 17/05/10, 18/05/10

JUDGMENT DATE: 9 June 2010

JURISDICTION: Civil

JUDGMENT OF: Sidis DCJ at 1

Verdict for the defendant. DECISION: The plaintiff is to pay the defendant's costs of the proceedings. This order is suspended for a period of seven days to allow the parties to apply to list the proceedings for further argument on the matter of costs. The exhibits will be returned through the Lismore registry.

CATCHWORDS: Distribution of estate of the father of the plaintiff and the defendant contrary to provisions of will - Alleged agreement concerning responsibility for unpaid bequests to beneficiaries - Credit - Co-ordinate liability

LEGISLATION CITED: Limitation Act 1969

CASES CITED: Burke v LFOT Pty Ltd [2002] HCA 17

PARTIES: Charmaine Jane Robinson Dallas James Hill

FILE NUMBER(S): 2008/321731

COUNSEL: C Simpson (for the Plaintiff) G M McGrath (for the Defendant)

SOLICITORS: Baker Mannering & Hart Solicitors (for the Plaintiff) James Fuggle Rummery (for the Defendant)

JUDGMENT

1 Charmaine Jane Robinson claimed to recover from Dallas James Hill one half of the sum that she paid pursuant to consent orders filed in Supreme Court proceedings 1383 of 2003 proceedings.

2 Ms Robinson and Mr Hill were named as defendants in the Supreme Court proceedings. The claim was based on the provision in the consent orders that stated that they were jointly and severally liable for the amount to be paid to the plaintiffs in those proceedings.

3 The issues were: 1 Whether an agreement was reached between the plaintiff and the defendant under which the defendant agreed to contribute one half of the amount payable pursuant to the Supreme Court orders and one half of the legal costs and disbursements incurred in those proceedings. 2 Whether the relative positions of the plaintiff and the defendant were such that the doctrine of co-ordinate liability applied. 3 Whether the proceedings were statute barred.