NATIONWIDE NEWS PTY LTD v NAIDU; ISS SECURITY PTY LTD v NAIDU (NO. 2) [2008] NSWCA 71

New South Wales Court of Appeal

CITATION: NATIONWIDE NEWS PTY LTD v NAIDU; ISS SECURITY PTY LTD v NAIDU (NO. 2) [2008] NSWCA 71

HEARING DATE(S): On written submissions

JUDGMENT DATE: 24 April 2008

JUDGMENT OF: Spigelman CJ at 1; Beazley JA at 1; Basten JA at 1

(1) In matter No. CA 40182 of 2006 (appeal by Nationwide News Pty Ltd): (i) dismiss the appeal; (ii) dismiss the cross-appeal of ISS Security Pty Ltd; (iii) order the appellant to pay the costs of ISS Security on the ordinary basis; (iv) order the appellant to pay the costs of Mr Naidu of the appeal assessed on the ordinary basis up to and including 24 August 2006 and thereafter on an indemnity basis. (2) In matter No. CA 40198 of 2006 (appeal by ISS Security Pty Ltd): (i) allow the appeal and set aside the orders of Adams J entered on 12 May 2006; DECISION: (ii) in place thereof, make the following orders: (a) judgment for the plaintiff against the second defendant (Nationwide News Pty Ltd) in the amount of $2,377,307.40, such judgment to have effect from 24 April 2008; (b) order that the second defendant pay the plaintiff's costs of the proceedings in the Common Law Division on an ordinary basis up to 26 March 2004 and thereafter on an indemnity basis; (c) order that the plaintiff pay the costs of the first defendant (ISS Security Pty Ltd) of the proceedings in the Common Law Division; (iii) dismiss the cross-appeal of Nationwide News Pty Ltd; (iv) order that the cross-appellant pay the costs of the cross-respondents of the cross-appeal; (v) order that the respondents pay the appellant's costs of the appeal; (vi) grant the first respondent (Mr Naidu) a certificate under the Suitors' Fund Act 1951 (NSW) in relation to the costs of the appeal.