Felk Industries Pty. Limited v. Mallett & Anor. [2004] NSWCA 175

New South Wales Court of Appeal

CITATION : Felk Industries Pty. Limited v. Mallett & Anor. [2004] NSWCA 175 HEARING DATE(S) : 4 June 2004 JUDGMENT DATE : 7 June 2004

JUDGMENT OF : Giles JA at 1; Hodgson JA at 1 DECISION : Leave to appeal should be granted. The plaintiff should have leave to cross-appeal against his employer, so that he can recover an additional sum (which would appear to be in the order of $62,809.00) if the occupier's appeal is successful. The costs of the application for leave are to be costs in the appeal.

CATCHWORDS : APPEAL - Leave to appeal - Judgment apportioned as between defendants, so that judgment against claimant below threshold for appeal as of right - Discretionary considerations. Built Interiors Pty. Ltd. v. Three Dinosaurs Pty. Ltd. [2003] NSWCA 290 CASES CITED : Dunn v. Ross Lamb Motors [1978] 1 NSWLR 26 Gillard v. Hunter Wire Products Pty. Ltd. [2001] NSWCA 450 Papatonakis v. Australian Telecommunications Commission (1985) 156 CLR 7 Felk Industries Pty. Limited - claimant PARTIES : Barry Ralph Mallett - first opponent Newcastle Fire Extinguisher Service Pty. Limited - second opponent FILE NUMBER(S) : CA 40558/03 Mr. J. Sleight for claimant COUNSEL : Mr. S.J. Harben SC with Mr. P. Cummings for first opponent Mr. G. Walsh for second opponent Hunt & Hunt, Sydney for claiment SOLICITORS : Braye Cragg, Newcastle for 1st opponent Timothy J. Doubleday, Sydney for 2nd opponent

LOWER COURT District Court JURISDICTION : LOWER COURT DC 1012/01 FILE NUMBER(S) : LOWER COURT Williams DCJ JUDICIAL OFFICER :