Pacific Steel Constructions Pty Limited v Barahona; Jigsaw Property Group Pty Limited v Barahona [2009] NSWCA 406

New South Wales Court of Appeal

CITATION: Pacific Steel Constructions Pty Limited v Barahona; Jigsaw Property Group Pty Limited v Barahona [2009] NSWCA 406

HEARING DATE(S): 31 July 2009

JUDGMENT DATE: 11 December 2009

JUDGMENT OF: Allsop P at 1; Beazley JA at 1; Giles JA at 1

On Jigsaw's appeal (CA 40440/08): 1. Appeal allowed. 2. Set aside the verdict and the judgment for the plaintiff against the first defendant; and in lieu thereof order that there be verdict and judgment for the first defendant against the plaintiff. 3. Set aside the verdicts and judgments for the cross-claimant/first defendant on the first cross-claim against the first cross-defendant/second defendant and the verdict and judgment for the cross-claimant/second defendant on the second cross-claim against the second cross-defendant/first defendant and the orders that the second defendant indemnify the first defendant and the first defendant indemnify the second defendant each with respect to its liability to the plaintiff; and in lieu thereof order that each of the cross-claims as between the first and second defendants be dismissed. 4. Set aside the order that the first defendant pay the plaintiff's costs on an ordinary basis until 14 December 2007 and thereafter on an indemnity basis. 5. Set aside the order that the first defendant indemnify the plaintiff in respect of the third defendant's costs and the order that the first defendant pay the third defendant's costs of the cross-claim on an ordinary basis up to 6 February 2008 and on an indemnity basis thereafter. 6. Order that the plaintiff pay the first defendant's costs of the trial and that the first respondent pay the appellant's costs of the appeal save in respect of contribution between the appellant and the second respondent. DECISION: 7. Grant the first respondent a certificate under the Suitors Fund Act if otherwise qualified. On Pacific's appeal (CA 40398/08): 1. Appeal dismissed. 2. Appellant pay the first respondent's costs of the appeal. On Mr Barahona's cross-appeal (CA 40440/08) 1. Cross-appeal dismissed with costs. Generally: 1. Reserve liberty for the parties to apply for variations in the orders within ten days.