WARDLE v KICK & ORS [2006] NSWSC 622

New South Wales Supreme Court

CITATION : WARDLE v KICK & ORS [2006] NSWSC 622 This decision has been amended. Please see the end of the judgment for a list of the amendments.

HEARING DATE(S) : 20-23 February 2006, 28 February 2006, 26 April 2006, 11 May 2006

JUDGMENT DATE : 21 June 2006

JURISDICTION : Civil

JUDGMENT OF : McClellan CJatCL

DECISION : 1. Verdict for the plaintiff as against the first and third defendants in the sum of $526,536.19. 2. Verdict for the second defendant as against the plaintiff. 3. Verdict for the fourth defendant as against the plaintiff. 4. That the second defendant's cross claim as concerns the fourth defendant is dismissed with no order as to costs. 5. That the fourth defendant's cross claim as against the second defendant is dismissed with no order as to costs. 6. With respect to the second defendant's cross claim as against the first and third defendants, that there be a verdict in favour of the second defendant in respect of its cross claim as against the first and third defendants. 7. That the cross claims of the first, third and fourth defendants as against the second defendant are dismissed. 8. With respect to the issue of costs; (a) The plaintiff is to pay the second defendant's costs of the proceedings as agreed or assessed, save that, with respect to each of the cross claims between (a) the first and third defendants and (b) the second defendant the first and third defendants are to pay the second defendant's costs of those cross claims; (b) That the fourth defendant is to pay its own costs except to the extent that it separately incurred costs that were not incurred in common with the costs of the first and third defendant; and (c) Otherwise, the first and third defendants are to pay the plaintiff's costs of the proceedings.