Laws v GWS Machinery Pty Ltd & 2 Ors; Laws v GWS Machinery Pty Ltd & Anor (No 2) [2007] NSWSC 1249

New South Wales Supreme Court

CITATION : Laws v GWS Machinery Pty Ltd & 2 Ors; Laws v GWS Machinery Pty Ltd & Anor (No 2) [2007] NSWSC 1249 This decision has been amended. Please see the end of the judgment for a list of the amendments.

HEARING DATE(S) : 13 July 2007

JUDGMENT DATE : 2 November 2007

JURISDICTION : Supreme Court

JUDGMENT OF : Rothman J

The Court makes the following orders in each matter:

A. In 20084/2002, Thomas John Laws (Laws Senior): The Court notes that the plaintiff elects, to the extent that such election is necessary, to obtain his remedy pursuant to section 75AD of the Trade Practices Act 1974 (Cth) as against the second defendant. The Court Orders: (i) Verdict and judgment for the plaintiff against the first and second defendant in the sum of $272,433.79. (ii) Order (i) above, is intended to operate such that the liability of the first and second defendants to the plaintiff shall be borne equally inter se. (iii) The first and second defendants pay the costs of the plaintiff of and incidental to these proceedings, as agreed or assessed. (iv) The costs referred to in (iii) above be paid on a party and party basis up to and including 4 June 2006 and thereafter (on and from 5 June 2006) the costs be paid on an indemnity basis. (v) To the extent necessary, I certify that it was appropriate to have two counsel and that fees should be assessed on the basis that the matter was properly and reasonably commenced in the Supreme Court. (vi) Pursuant to UCPR 36.4(3) this judgment comes into effect on and from 1 June 2007. (vii) Interest is to be paid in accordance with section 101 of the Civil Procedure Act 2005 (NSW). (viii) Otherwise the proceedings and any and all cross-claims are dismissed.