Ranieri v Nominal Defendant & Ors [2001] NSWSC 125

New South Wales Supreme Court

CITATION : Ranieri v Nominal Defendant & Ors [2001] NSWSC 125 CURRENT JURISDICTION: Common Law FILE NUMBER(S) : SC 20860 of 1995; 20862 of 1995 HEARING DATE(S) : 23 February 2001. JUDGMENT DATE : 8 March 2001

Jennifer Kathryn Ranieri (Plaintiff 20860/1995) Phillip Mario Ranieri as Executor of the Estate of the late Denise Ranieri (Plaintiff 20862/1995) v In each matter: PARTIES : The Nominal Defendant (First Defendant/First Cross Claimant to First Cross Claim/Fourth Cross-Defendant to Second Cross-Claim) Dana Australia Pty Limited T/as Truckline Parts Centre (Second Defendant/Fourth Cross-Defendant to First Cross-Claim/Cross-Claimant to Second Cross-Claim) Roads And Traffic Authority Of New South Wales (Third Defendant/Third Cross-Defendant to First Cross-Claim/First Cross-Defendant to Second Cross-Claim) Shellharbour City Council (First Cross-Defendant to First Cross-Claim/Second Cross-Defendant to Second Cross-Claim) State of New South Wales (Second Cross-Defendant to First Cross-Claim/Third Cross-Defendant to Second Cross-Claim) JUDGMENT OF : Master Malpass

Dr A Morrison SC/Mr D Hooke (Plaintiffs) Mr F S McAlary QC/Mr D Ronzani (First COUNSEL : Defendant/First Cross Claimant to First Cross Claim/Fourth Cross-Defendant to Second Cross-Claim) Mr J Maconachie QC (Second Defendant/Fourth Cross-Defendant to First Cross-Claim/Cross-Claimant to Second Cross-Claim) Mr S Fonti (Third Defendant/Third Cross-Defendant to First Cross-Claim/First Cross-Defendant to Second Cross-Claim) Robson & Oliver (Plaintiffs) SOLICITORS : Abbott Tout (First Defendant/First Cross Claimant to First Cross Claim/Fourth Cross-Defendant to Second Cross-Claim) Connery & Partners (Second Defendant/Fourth Cross-Defendant to First Cross-Claim/Cross-Claimant to Second Cross-Claim) I V Knight - Crown Solicitor (Third Defendant/Third Cross-Defendant to First Cross-Claim/ First Cross-Defendant to Second Cross-Claim) CATCHWORDS : Costs - plaintiff is successful against one only of three defendants - claim for indemnity costs on question of liability against unsuccessful defendant and claim for Bullock or Sanderson Order - proliferation of parties and multiple cross-claims. Motor Accidents Act 1988, s 45. LEGISLATION CITED : Supreme Court Act 1970, s 76. Supreme Court Rules 1970, Pt 52A, r 32. CASES CITED : N/A DECISION : See Paragraphs 18, 23, 29-31.