COLLINGWOOD HOTEL PTY LTD v O'REILLY; NIGHT KNOWLEDGE SECURITY PTY LTD v O'REILLY [2007] NSWCA 155

New South Wales Court of Appeal

CITATION: COLLINGWOOD HOTEL PTY LTD v O'REILLY; NIGHT KNOWLEDGE SECURITY PTY LTD v O'REILLY [2007] NSWCA 155

HEARING DATE(S): 30 April 2007

JUDGMENT DATE: 27 June 2007

JUDGMENT OF: Tobias JA at 1; Basten JA at 15; Handley AJA at 85

DECISION: In relation to matter 40333 of 2006 (the appeal by Collingwood Hotel Pty Ltd and Rex Porter); (1) Allow the appeal and set aside the judgment and orders of the District Court given and made on 2 June 2006; (2) In lieu thereof; (a) give judgment for the first and second defendants against the plaintiff; (b) order the plaintiff to pay the costs of the first and second defendants of the trial, and; (c) dismiss the cross-claim of the first and second defendants, as against the third defendant, with no order as to costs; (3) Order the First Respondent (Ms O'Reilly) to pay the Appellants' costs of the appeal, but make no order as to the costs of the Second Respondent (Night Knowledge Security Pty Ltd) of the appeal; (4) Grant the First Respondent a certificate under the Suitors' Fund Act 1951 (NSW).; In relation to matter 40363 of 2006 (the appeal by Night Knowledge Security Pty Ltd); (1) Allow the appeal and set aside the judgment and orders of the District Court given and made on 2 June 2006; (2) In lieu thereof; (a) give judgment for the third defendant against the plaintiff; (b) order the plaintiff to pay the costs of the third defendant of the trial, and; (c) dismiss the cross-claim of the third defendant, as against the first and second defendants, with no order as to costs; (3) Order the First Respondent (Ms O'Reilly) to pay the Appellant's costs of the appeal, but make no order as to the costs of the Second Respondent (Collingwood Hotel Pty Ltd) of the appeal; (4) Grant the First Respondent a certificate under the Suitors' Fund Act 1951 (NSW).