NSW Caselaw
New South Wales Court of Appeal
CITATION : Hornsby Shire Council v Catling & Ors (No 2) [2002] NSWCA 127 FILE NUMBER(S) : CA 40794/00 HEARING DATE(S) : Written submissions JUDGMENT DATE : 8 May 2002
Hornsby Shire Council (Appellant) PARTIES : Darin Catling (1st Respondent) Glen Anthony Johnson (2nd Respondent) Dirkje Hendrika Carr (3rd Respondent) JUDGMENT OF : Meagher JA at 1; Stein JA at 2; Heydon JA at 17
LOWER COURT JURISDICTION : District Court LOWER COURT DC 9273/98 FILE NUMBER(S) : LOWER COURT Hogan ADCJ JUDICIAL OFFICER :
G O'L Reynolds/R Gambi (Appellant) COUNSEL : M Joseph SC/G Gemmell (1st Respondent) R C Tonner (2nd/3rd Respondents) Phillips Fox (Appellant) SOLICITORS : White Barnes (1st Respondent) Moray & Agnew (2nd/3rd Respondents) CATCHWORDS : NOTICE OF MOTION - whether court gave adequate consideration of the question of causation - ND LEGISLATION CITED : N/A CASES CITED: March v Stramare (1991) 171 CLR 506 DECISION : Notice of Motion dismissed with costs
IN THE SUPREME COURT OF NEW SOUTH WALES COURT OF APPEAL CA 40794/00 DC 9273/98
MEAGHER JA STEIN JA HEYDON JA
Wednesday, 8 May 2002 HORNSBY SHIRE COUNCIL v CATLING & ORS (NO. 2) Judgment
1 MEAGHER JA: I agree with Stein JA. 2 STEIN JA: The court gave judgment in this appeal on 18 September 2001, [2001] NSWCA 325. The following orders were made: Orders: 1. Appeal allowed in part. 2. Verdict and Judgment for the first respondent set aside and, in lieu thereof, enter Verdict and Judgment for the first respondent against the appellant and second and third respondents in the sum of $526,298.40 to be paid in the proportion of 80% by the appellant and 20% by the second and third respondents. His Honour's costs order of the trial is confirmed. 3. The appellant to pay the costs of the respondents of the appeal. 4. Cross-Appeal allowed in part. No order as to costs. 3 The orders have not been taken out. By Notice of Motion filed on 23 January 2002 the appellant seeks the following orders: 1. The orders made by Court of Appeal in these proceedings on 18 September 2000 (sic) be vacated.
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