Chapman v Bellbird Workers Club Limited [2009] NSWDC 28

New South Wales District Court

CITATION: Chapman v Bellbird Workers Club Limited [2009] NSWDC 28

EX TEMPORE JUDGMENT DATE : 10 February 2009

JURISDICTION: Civil

JUDGMENT OF: Sidis DCJ

1. On the motion filed on behalf of the second defendant, the order made on 20 July 2007 entering verdict and judgment for the first defendant on the plaintiff's claim is set aside for the limited purpose of allowing the court to determine the cross-claim brought against the first defendant by the second defendant. 2. The motion filed on behalf on the first defendant is dismissed. 3. The second defendant is to pay the first defendant's cost of both motions. DECISION: 4. The plaintiff is to pay her own costs of both motions. 5. The affidavits are returned. 6. The hearing date of 12 February 2009 is vacated. 7. The proceedings are listed for status conference on 25 March 2009. 8. Costs occasioned by the adjournment are reserved.

CATCHWORDS: Application by second defendant / cross-claimant to set aside orders made on settlement of plaintiff's claim against the first defendant – Principles to be applied – Loss of rights by cross-claimant – Irremediable prejudices to cross-defendant

CASES CITED: James Hardie & Company Pty Limited v Seltsam Pty Limited (1998) 196 CLR 53; Allesch v Maunz (2000) 203 CLR 172

Suzanne Chapman (Plaintiff) PARTIES: Bellbird Workers Club Limited (First Defendant and Cross Defendant) Artisan Commerical Tiling Pty Limited (Second Defendant)