Corbett v Toll Stevedoring Pty Ltd & Ors [2007] NSWSC 749

New South Wales Supreme Court

CITATION : Corbett v Toll Stevedoring Pty Ltd & Ors [2007] NSWSC 749

HEARING DATE(S) : 29 June 2007

JUDGMENT DATE : 11 July 2007

JURISDICTION : Common Law Division

JUDGMENT OF : Studdert J

DECISION : (1) Verdict and judgment for the plaintiff against the first defendant in the sum of $760,463.66. (2) Verdict and judgment for the plaintiff against the fourth defendant in the sum of $553,403.00. (3) It is noted that the judgments in orders 1 and 2 are not cumulative and that any satisfaction of either will pro tanto satisfy the other. (4) Verdict and judgment for the fifth defendant against the plaintiff. (5) Verdict and judgment for the cross claimant on the first cross claim to the extent of its entitlement to contribution pursuant to s5(1)(c) of the Law Reform (Miscellaneous Provisions) Act 1946. (6) Order that the fourth defendant indemnify the first defendant with regard to its liability to the plaintiff in the amount of $276,701.50. (7) Order that the cross defendant on the third cross claim indemnify the fourth defendant in respect of the judgment in para 2 and the order in para 6. (8) Verdict and judgment for the cross claimant on the fourth cross claim against the first cross defendant. (9) Order that the first defendant indemnify the fourth defendant with regard to its liability to the plaintiff in the amount of $276,701.50. (10) Order that the first defendant pay the sum of $37,604 to Employers Mutual New South Wales Limited in right of the fourth defendant. (11) Prayer 3(a) in the amended third cross claim is to be listed, if need be, for directions before the registrar on 26 July 2007. (12) Verdict and judgment for the cross defendant on the fifth cross claim. (13) Verdict and judgment for the cross defendant on the sixth cross claim. (14) Verdict and judgment for the cross defendant on the seventh cross claim. (15) Cross claims otherwise dismissed. (16) In the proceedings between the plaintiff and the first defendant, order that the first defendant pay the plaintiff's costs, including costs ordered to be paid by the plaintiff to the fifth defendant. (17) In the proceedings between the plaintiff and the fourth defendant, order that each party pay his and its own costs. (18) In the proceedings between the plaintiff and the fifth defendant, order that the plaintiff pay the fifth defendant's costs. (19) On the cross claims as between the first defendant and the fourth defendant, order that the first defendant pay the fourth defendant's costs to the limited extent such costs are not recoverable by the fourth defendant against the third cross defendant, being those costs referable to the claim brought by the first defendant for contractual indemnity. Save to that extent, the first defendant and the fourth defendant are to pay their own costs on their respective cross claims the one against the other. (20) On the cross claims as between the first defendant and the fifth defendant, order that the first defendant pay the fifth defendant's costs on the fifth cross claim and that such costs be paid on an indemnity basis from 19 April 2007. (21) On the cross claims as between the fourth defendant and the fifth defendant, no order as to costs.