Richard Walkom Linehans Real Estate Pty Ltd trading as Walkom Linehans First National Real Estate v Dhasmana [2009] NSWCA 241

New South Wales Court of Appeal

CITATION: Richard Walkom Linehans Real Estate Pty Ltd trading as Walkom Linehans First National Real Estate v Dhasmana [2009] NSWCA 241

HEARING DATE(S): 31 July 2009

JUDGMENT DATE: 31 July 2009

JUDGMENT OF: McColl JA at 1,18; Basten JA at 11

EX TEMPORE JUDGMENT DATE: 31 July 2009

DECISION: Leave to appeal refused with costs.

CATCHWORDS: COSTS – departing from the general rule – proceedings in negligence by lessee against owners of premises – owners cross-claimed against managing agent – Calderbank offer by owners for managing agent to take over defence –Plaintiff's claim failed and cross-claim dismissed – managing agent ordered to pay costs of cross-claim – primary judge held only basis for owner's liability could have been default by managing agent – whether real fight was between the plaintiff and managing agent (cross-defendant) – whether leave to appeal should be granted

LEGISLATION CITED: Law Reform (Miscellaneous Provisions) Act 1946 (NSW) Uniform Civil Procedure Rules 2005 (NSW)

CATEGORY: Principal judgment

CASES CITED: Gladstone Park Shopping Centre v Wills (1984) 6 FCR 496

PARTIES: Richard Walkom Linehans Real Estate Pty Ltd t/as Walkom Linehans First National Real Estate - Applicant Paramatma Dhasmana - Respondent

FILE NUMBER(S): CA 40083/09

COUNSEL: D Priestley for the Applicant R Sheldon for the Respondent

SOLICITORS: Gilchrist Connell - Applicant Henry Davis York - Respondent

LOWER COURT JURISDICTION: District Court

LOWER COURT FILE NUMBER(S): DC141/07

LOWER COURT JUDICIAL OFFICER: Sidis DCJ