Fuz v Carter & Ors [2006] NSWSC 771

New South Wales Supreme Court

CITATION : Fuz v Carter & Ors [2006] NSWSC 771

HEARING DATE(S) : 10-18 July, 21-22 August 2006

JUDGMENT DATE : 12 September 2006

JURISDICTION : Common Law Division Professional Negligence List

JUDGMENT OF : Studdert J

DECISION : Verdict and judgment for the plaintiff against the 1st Defendant, the 3rd Defendant, the 4th Defendant, the 5th Defendant and the 6th Defendant in the sum of $573,519. Verdict and judgment for the 2nd Defendant on the plaintiff's claim against him. Verdict and judgment for the 7th Defendant on the plaintiff's claim against it. Order that the 1st, 3rd, 4th, 5th and 6th Defendants pay the plaintiff's costs in the proceedings brought by the plaintiff against them. Order that the plaintiff pay the 2nd Defendant's costs in relation to the proceedings brought against him by the plaintiff. No order as to costs of the proceedings against the 7th Defendant.

LEGISLATION CITED : Civil Liability Act

Deatons Pty Limited v Flew (1940) 79 CLR 370 Graham v Baker (1961) 106 CLR 340 CASES CITED : Fontin v Katapodis (1962) 108 CLR 177 Lamb v Cotogno (1987-1988) 164 CLR 1 Sandstone DMC Pty Limited & Anor v Trajkovski & Anor [2006] NSWCA 205 State of New South Wales v Lepore (2003) 212 CLR 511

Brent William Fuz (Plaintiff) Nicholas Carter (1st Defendant) Mark Matthew Watson (2nd Defendant) PARTIES : Allan William Forsyth (3rd Defendant) Walter Alexander Galbraith (4th Defendant) Tipsy Pty Limited (5th Defendant) Mount Mayon Pty Limited (6th Defendant) Enima Pty Limited (7th Defendant)