Hilditch v Dhasmana & Ors [2009] NSWDC 27

New South Wales District Court

CITATION: Hilditch v Dhasmana & Ors [2009] NSWDC 27

HEARING DATE(S): 02/02/2009 - 04/02/2009 EX TEMPORE JUDGMENT DATE : 11 February 2009

JURISDICTION: Civil

JUDGMENT OF: Sidis DCJ

Orders 1. Verdict for the defendant on the plaintiff's claim. 2. Verdict for the cross-defendant on the cross-claim. - DECISION: Further orders made in relation to costs on 18/02/2009 are as follows: 3. The plaintiff is to pay the defendant's costs of the proceedings on an ordinary basis up to and including 28 November 2007 and on an indemnity basis thereafter. 4. The cross-defendant is to pay the defendant's costs of the cross-claim on an ordinary basis. 5. The plaintiff is to indemnify the cross-defendant in respect of the order for costs made against it. 6. The exhibits are returned.

CATCHWORDS: Slip and Fall – Allegedly in bathroom of rented premises – Credit of plaintiff and witness – Liability as between owners and managing agent

Carol Hilditch (Plaintiff) PARTIES: Paramtma Dhasmana (Defendant / Cross Claimant) Richard Walkom Linehans Real Estate Pty Ltd trading as Walkom Linehans Real Estate (Cross Defendant)

FILE NUMBER(S): 141/07

Mr Cummings (Plaintiff) COUNSEL: Mr Sheldon (Defendant / Cross Claimant) Mr Priestley (Cross Defendant)

Thomas Mitchell Solicitors (Plaintiff) SOLICITORS: Henry Davis York (Defendant / Cross Claimant) Thomson Playford (Cross Defendant)