NORTHERN RIVERINA COUNTY COUNCIL v PETTS & ANOR (NO 2) [2002] NSWCA 89

New South Wales Court of Appeal

CITATION : NORTHERN RIVERINA COUNTY COUNCIL v PETTS & ANOR (NO 2) [2002] NSWCA 89 FILE NUMBER(S) : CA 40019/01 HEARING DATE(S) : 7 March 2002 JUDGMENT DATE : 7 March 2002

PARTIES : NORTHERN RIVERINA COUNTY COUNCIL ( Appellant) v Margaret PETTS & Maxwell PETTS (as Executors of the Estate of Stephen James PETTS) (First Respondent) & Masling Rotor Wing Pty Ltd (Second Respondent) (NO 2) JUDGMENT OF : Mason P at 1; Meagher JA at 15; Hodgson JA at 16

LOWER COURT JURISDICTION : Supreme Court - Common Law Division LOWER COURT CLD R40001/96 FILE NUMBER(S) : LOWER COURT James J JUDICIAL OFFICER :

Appellant: G O'L Reynolds SC COUNSEL : First Respondent: D. Conti Second Respondent: C Hoeben SC Appellant: Phillips Fox SOLICITORS : First Respondent: Robb & Associates Second Respondent: Connery & Partners CATCHWORDS : Amendment of orders - costs (ND) DECISION : See par 12

IN THE SUPREME COURT OF NEW SOUTH WALES COURT OF APPEAL CA 40019/01

MASON P MEAGHER JA HODGSON JA

Thursday 7 March 2002

NORTHERN RIVERINA COUNTY COUNCIL v MARGARET PETTS AND GREGORY PETTS (AS EXECUTORS OF THE ESTATE OF STEPHEN JAMES PETTS) AND ANOR (No 2)

JUDGMENT

1 MASON P: On 4 October 2001, this Court pronounced the following orders: 1. That the appeal be allowed; 2. That the verdict in favour of the First Respondent against the Appellant be set aside; 3. That the verdict in favour of the Second Respondent against the Appellant be set aside; 4. That a verdict be entered for the Appellant in respect of the First Respondent's action; 5. That a verdict be entered for the Appellant in respect of the Appellant's Cross-Claim against the Second Respondent; 6. That a verdict be entered for the Appellant in respect of the Second Respondent's Cross-Claim; 7. That the First Respondent and Second Respondent repay to the Appellant, with interest, the money paid pursuant to the Judgment of the Court below. Liberty to apply if there is disagreement about the rate of interest; 8. That the First Respondent and/or Second Respondent be ordered to pay the costs of these proceedings and of the proceedings below.