NCS Australasia Pty. Limited v Hindi & Ors [2003] NSWCA 233

New South Wales Court of Appeal

CITATION : NCS Australasia Pty. Limited v Hindi & Ors [2003] NSWCA 233 HEARING DATE(S) : 27/05/03 JUDGMENT DATE : 21 August 2003

JUDGMENT OF : Meagher JA at 1; Beazley JA at 2; Santow J at 62 DECISION : 1. Appeal allowed; 2. Set aside the orders of Judge Delaney made on 14 June 2002 and 20 June 2002; 3. Order that there be a new trial; 4. Cross appeal dismissed, no order as to costs; 5. The respondents to pay the costs of the appeals and to have certificates under the Suitors Fund Act if applicable; 6. The costs of the trial to be determined by the trial judge hearing the new trial.

CATCHWORDS : Negligence - breach of duty - foreseeability of injury Factual error - Inconsistency of verdict NCS Australasia Pty. Limited (Appellant) Marilyn Hindi (First Respondent) PARTIES : Winten (No. 2) Pty. Limited (Second Respondent) Jones Lang La Salle (NSW) Pty. Limited (Third Respondent) Walter Constructions Pty. Limited (Fourth Respondent) FILE NUMBER(S) : CA 40615/02 G. Little SC/G. Maddocks (Appellant) B. Donovan QC/ R. McCloghry (First Respondent) COUNSEL : M.L. Williams SC/R. Cavanagh (Second Respondent) I. Harrison SC (Third Respondent) G. Parker (Fourth Respondent) Church & Grace (Appellant) Eugene Lepore & Associates (First Respondent) SOLICITORS : Curwood & Partners (Second Respondent) Lee & Lyons (Third Respondent) Bartier Perry (Fourth Respondent)

LOWER COURT District Court JURISDICTION : LOWER COURT DC 1310/00 FILE NUMBER(S) : LOWER COURT Delaney J JUDICIAL OFFICER :