Rooty Hill RSL Club Ltd v Karimi [2009] NSWCA 2

Appeal Outcome: Special leave dismissed with costs by the High Court, 4 September 2009 s32/2009, s33/2009

New South Wales Court of Appeal

CITATION: Rooty Hill RSL Club Ltd v Karimi [2009] NSWCA 2

HEARING DATE(S): 18/9/08

JUDGMENT DATE: 30 January 2009

JUDGMENT OF: Allsop P at 1; Basten JA at 2; Bell JA at 3

In proceedings CA 40626 of 2007 (the appeal by Rooty Hill RSL Club): (1) Grant leave to appeal. (2) Direct that the draft Notice of Appeal be treated as if filed pursuant to leave. (3) Allow the appeal and set aside the judgment and orders made by the primary judge on 24 August 2007. (4) In lieu thereof: (a) Judgment for the first defendant, Rooty Hill RSL Club, against the plaintiff Tarique Karimi; (b) Order the plaintiff to pay the costs of the first defendant of the trial; (c) Dismiss the cross-claim brought by the first defendant against the second defendant with no order as to costs. (5) Order the first respondent, Tarique Karimi, to pay the appellant's costs of the appeal and make no order as to the costs of the second respondent, Allied Security Group. DECISION: (6) Grant the first respondent a certificate under the Suitors' Fund Act 1951 (NSW). In relation to proceedings CA 40623 of 2007 (the appeal by Allied Security Group Pty Ltd): (1) Grant leave to appeal. (2) Direct that the draft Notice of Appeal be treated as if filed pursuant to leave. (3) Allow the appeal and set aside the judgment and orders of the primary judge made on 24 August 2007; (4) In lieu thereof: (a) Judgment for the second defendant against the plaintiff; (b) The plaintiff to pay the second defendant's costs of the trial; (3) The first respondent to pay the appellant's costs of the appeal, and no order as to the costs of the second respondent of the appeal. (4) Grant the first respondent a certificate under the Suitors' Fund Act 1951 (NSW).