Browning v Bitupave Limited (No 2) [2008] NSWSC 81

New South Wales Supreme Court

CITATION : Browning v Bitupave Limited (No 2) [2008] NSWSC 81

HEARING DATE(S) : 12 February 2008

JUDGMENT DATE : 14 February 2008

JUDGMENT OF : Harrison J

1. Verdict for the plaintiff against the first defendant for $2,040,000 (i.e. $2,400,000 less 15% for contributory negligence). 2. Order the first defendant to pay the plaintiff's costs. 3. Judgment for the second defendant on the plaintiff's claim. 3A. Order the plaintiff to pay the second defendant's costs of defending the plaintiff's claim against the second defendant. DECISION : 3B. Order the first defendant to indemnify the plaintiff in respect of the costs incurred by the plaintiff in accordance with order 3A. 4. Dismiss the first cross-claim with costs on an indemnity basis. 5. Judgment for the second cross-claimant on the second cross-claim with costs on an indemnity basis. 6. Declare that the third cross-claimant is entitled to be indemnified by Boral Insurance Pty Limited in respect of all or any costs incurred or thrown away by the third cross-claimant in its defence of the plaintiff's claim and the first cross-claim and in its prosecution of the second cross-claim. 7. Order the third cross-defendant to pay the third cross-claimant's costs of the third cross-claim on an indemnity basis.

CATCHWORDS : COSTS - Bullock order - whether joinder of a successful defendant the result of conduct of an unsuccessful defendant - plaintiff ordered to pay costs of successful defendant incurred in defending plaintiff's claim but with indemnity for such costs from unsuccessful defendant

Browning v Bitupave Limited [2008] NSWSC 19 Fennell v Supervision and Engineering Services Holdings Pty Ltd and Santos Ltd (1988) 47 SASR 6 LEGISLATION CITED : Gould v Vaggelas (1984) 157 CLR 215 Roads and Traffic Authority (NSW) v Palmer (No 2) [2005] NSWCA 140 Schipp v Cameron (Supreme Court of New South Wales, Einstein J, 12 October 1998, unreported)