Booksan Pty Ltd, Jaymay Constructions Pty Ltd v Wehbe, Elmir & Others; GIO General Ltd and GIO Workers Compensation (NSW) Ltd v Wehbe, Elmir & Others (No 2) [2006] NSWCA 103

New South Wales Court of Appeal

CITATION: Booksan Pty Ltd, Jaymay Constructions Pty Ltd v Wehbe, Elmir & Others; GIO General Ltd and GIO Workers Compensation (NSW) Ltd v Wehbe, Elmir & Others (No 2) [2006] NSWCA 103

HEARING DATE(S): On the papers

JUDGMENT DATE: 25 May 2006

JUDGMENT OF: Giles JA at 1; Ipp JA at 2; Tobias JA at 63

DECISION: (1) Mr Wehbe and Mr Elmir pay 20 per cent of the costs of Booksan and Jaymay in respect of the first part of appeals CA 40308/05 and CA 40118/05 (2) Mr Wehbe and Mr Elmir to have a certificate under the Suitors Fund Act 1951 (NSW), if otherwise entitled (3) GIO General is to pay the costs of Jaymay in regard to the second part of appeals CA 40308/05 and CA 40118/05 (4) The issue as to whether, and, if so, how, Jaymay's successful appeal on the indemnity issue should affect the costs of the trial is remitted to the trial judge (5) GIO General is to pay the costs of Booksan in CA 41031/04 and CA 41032/04 (6) GIOWC is to pay the costs of Booksan in CA 41046/04 and CA 41047/04

LEGISLATION CITED: Civil Liability Act 2002 (NSW) Civil Liability Amendment (Personal Responsibility) Act 2002 (NSW)

CA 40308/05 Booksan Pty Ltd, Jaymay Constructions Pty Ltd (Appellants) Bilal Wehbe (First Respondent) GIO General Ltd (Second Respondent) GIO Workers Compensation (NSW) Ltd (Third Respondent) CA 40118/05 Booksan Pty Ltd, Jaymay Constructions Pty Ltd (Appellants) Salah Eldin Elmir (First Respondent) GIO General Ltd (Second Respondent) GIO Workers Compensation (NSW) Ltd (Third Respondent) CA 41031/04 GIO General Ltd (Appellant) Booksan Pty Ltd (First Respondent) Jaymay Constructions Pty Ltd (Second Respondent) GIO Workers Compensation (NSW) Ltd (Third Respondent) Bilal Wehbe (Fourth Respondent) PARTIES: CA 41032/04 GIO General Ltd (Appellant) Booksan Pty Ltd (First Respondent) Jaymay Constructions Pty Ltd (Second Respondent) GIO Workers Compensation (NSW) Ltd (Third Respondent) Salah Eldin Elmir (Fourth Respondent) CA 41046/04 GIO Workers Compensation (NSW) Ltd (Appellant) Bilal Wehbe (First Respondent) Jaymay Constructions Pty Ltd (Second Respondent) Booksan Pty Ltd (Third Respondent) GIO General Ltd (Fourth Respondent) CA 41047/04 GIO Workers Compensation (NSW) Ltd (Appellant) Salah Eldin Elmir (First Respondent) Jaymay Constructions Pty Ltd (Second Respondet) Booksan Pty Ltd (Third Respondent) GIO General Ltd (Fourth Respondent)