Duffy Bros Fruit Market (Campbelltown) Pty Ltd v Gumland Property Holdings Pty Ltd; Gumland Property Holdings Pty Ltd v Pisciuneri & Anor [2007] NSWCA 7

Reported Decision: (2007) ANZ Conv R 153 Appeal Outcome: Appeal allowed by the High Court 27 March 2008 - Gumland Property Holdings Pty Limited v Duffy Bros Fruit Market (Campbelltown) Pty Limited [2008] HCA 10

New South Wales Court of Appeal

CITATION: Duffy Bros Fruit Market (Campbelltown) Pty Ltd v Gumland Property Holdings Pty Ltd; Gumland Property Holdings Pty Ltd v Pisciuneri & Anor [2007] NSWCA 7 This decision has been amended. Please see the end of the judgment for a list of the amendments.

HEARING DATE(S): 5/12/06; 6/12/06; 7/12/06

JUDGMENT DATE: 14 February 2007

JUDGMENT OF: Giles JA at 1; Santow JA at 242; Tobias JA at 243

DECISION: A. In 40210/06 –1.Appeal allowed in part; 2.Set aside the judgment against the first defendant for the plaintiff in the amount of $2,096,574 and in lieu thereof judgment for $362,232 taking effect on 28 March 2006; 3.Set aside the order that the first defendant pay the plaintiff's costs of the proceedings on a party/party basis and in lieu thereof order that it pay 50% of the plaintiff's costs of the claim against it; 4.Order that the respondent pay 80% of the appellant's costs of the appeal; B.In 40224/06 - 1. Appeal allowed; 2. Set aside the judgment in favour of the second and third defendants and in lieu thereof judgment for the plaintiff against the second and third defendants for $362,232 taking effect on 28 March 2006; 3. Set aside the order that the plaintiff pay the costs of the second and third defendants and in lieu thereof order that the second and third defendants pay the plaintiff's costs of the claim against them; 4. Order that the respondents pay the appellant's costs of the appeal; 5. Order that the respondents have a certificate under the Suitors Fund Act if otherwise qualified