Ireland v Garry Denson Metal Roofing Pty Ltd (in liquidation) [2009] NSWSC 999

New South Wales Supreme Court

CITATION : Ireland v Garry Denson Metal Roofing Pty Ltd (in liquidation) [2009] NSWSC 999

HEARING DATE(S) : 14 September 2009

JUDGMENT DATE : 23 September 2009

JUDGMENT OF : Davies J

DECISION : (1) On the 1st cross-claim by JB Metal Roofing against Australand, there will be no order as to costs to the intent that each party will pay its own; (2) On the 4th cross-claim by Australand against JB Metal Roofing, Australand is to pay JB Metal Roofing's costs of the cross-claim from 13 May 2009; (3) Australand is to pay 50% of JB Metal Roofing's costs of the applications for costs.

CATCHWORDS : PROCEDURE - costs - costs of cross-claims - settlement of cross-claims whereby judgment entered for each of the Cross-Defendants - who should pay the costs of the cross-claims - whether cross-claims should have been maintained after amendments to defence - whether costs of cross-claim should include Cross-Defendant's costs of Plaintiff's claim against Cross-Defendant.

Civil Liability Act 2002 Law Reform (Miscellaneous Provisions) Act 1946 LEGISLATION CITED : Occupational Health and Safety Regulation 2001 Uniform Civil Procedure Rules 2005 Workers Compensation Act 1987

Australian Securities and Investment Commission v Rich [2003] NSWSC 297 Burke v New South Wales [2004] NSWSC 725 Calderbank v Calderbank [1975] 3 All ER 333 CASES CITED : Mulcahy v The Hydro-Electricity Commission (unreported, Federal Court of Australia, 2 July 1998) Rushcutters Bay Smash Repairs Pty Limited v H McKenna Netmakers Pty Limited [2003] NSWSC 670 Ryan v South Sydney Junior Rugby League Club Limited [1975] 2 NSWLR 660 Sheehan v SRA; Wicks v SRA [2009] NSWCA 261 Trade Practices Commission v Nicholas Enterprises Pty Limited (No. 3) (1979) 28 ALR 201