Laresu Pty Ltd v Clark [2010] NSWCA 180

New South Wales Court of Appeal

CITATION: Laresu Pty Ltd v Clark [2010] NSWCA 180

HEARING DATE(S): 29 June 2010

JUDGMENT DATE: 4 August 2010

JUDGMENT OF: Tobias JA at 1; Macfarlan JA at 2; Handley AJA at 99

(1) The appeal is allowed in part; (2) By consent, vary the amount of the judgment entered against the Owner in favour of Mr Clark by substituting the amount of $120,064.12 for the amount of $160,000; (3) Set aside the order of Christie ADCJ made on 28 May 2009 dismissing the Owner's Cross Claim against the Managing Agent; (4) Order that the Managing Agent contribute to the Owner 60 per cent of the Owner's judgment liability to Mr Clark; (5) Set aside the judgment directed on 28 May 2009 in favour of the Managing Agent against Mr Clark, together with the order that Mr Clark pay the costs of the Managing Agent; DECISION: (6) Direct the entry of judgment in favour of Mr Clark against the Managing Agent in the amount of $120,064.12; (7) Order that the Owner and Managing Agent pay Mr Clark's costs of the appeal; (8) Order that the Managing Agent pay Mr Clark's costs of the proceedings at first instance (this order being in addition to the order made at first instance that the Owner pay Mr Clark's costs of the proceedings at first instance); (9) Order that the Managing Agent pay 60 per cent of the Owner's costs at first instance and on appeal of the Owner's Cross Claim against the Managing Agent and of the costs payable by the Owner to Mr Clark in respect of Mr Clark's claim against the Owner; (10) Order that the Managing Agent pay the Owner's costs at first instance and on appeal of the Managing Agent's Cross Claim against the Owner; (11) Grant leave to the Managing Agent to apply within 14 days of the date of this judgment for an order against the Owner for contribution in respect of the Managing Agent's liability to Mr Clark (including as to costs) and for associated orders, including an order as to the costs of its Cross Claim; and (12) The Managing Agent to have a certificate under the Suitors' Fund Act 1951, if qualified.