Ralston v Bell & Smith trading as Xentex Patch & Grout (No 2) [2010] NSWSC 913

New South Wales Supreme Court

CITATION : Ralston v Bell & Smith trading as Xentex Patch & Grout (No 2) [2010] NSWSC 913

HEARING DATE(S) : On written submissions

JUDGMENT DATE : 17 August 2010

JURISDICTION : Common Law Division

JUDGMENT OF : Hislop J

DECISION : (1) The first and fourth defendants are to pay the plaintiff's costs: (a) on the ordinary basis until 16 July 2007, and (b) on an indemnity basis from 17 July 2007; (2) The plaintiff is to pay the costs of the second defendant, the third defendant and the fifth defendant. (3) In respect of the cross claims: (a) the ninth cross defendant is to pay the first defendants' costs of the ninth cross claim; (b) the fourth defendant is to pay the second defendant's costs of the fourth defendant's cross claim against the second defendant; (c) the first defendants are to pay 75 percent of the fourth defendant's costs of its cross claim against the first defendant; (d) otherwise, each party is to bear the costs of any cross claims by or against him, her, or it.

CATCHWORDS : Common law - tort - personal injuries - construction site - multiple defendants - costs.

Uniform Civil Procedure Rules LEGISLATION CITED : Interpretation Act 1987 Civil Procedure Act

Ralston v Bell & Smith t/as Xentex Patch & Grout [2010] NSWSC 245 Hillier v Sheather (1995) 36 NSWLR 414 Bostik Australia Pty Limited v Liddiard (No 2) [2009] NSWCA 304 State of New South Wales v Stanley [2007] NSWCA 330 CASES CITED : Gould v Vaggelas [1985] HCA 85; (1985) 157 CLR 215 Stevedoring Industry Finance Committee v Gibson [2000] NSWCA 179 Lackersteen v Jones (No 2) (1988) 93 FLR 442 Roads and Traffic Authority of New South Wales v Palmer (No 2) [2005] NSWCA 140 Dominello v Dominello [2009] NSWCA 257