Garzo v Liverpool/Campbelltown Christian School Limited & Anor [2011] NSWSC 498

Supreme Court New South Wales

Medium Neutral Citation: Garzo v Liverpool/Campbelltown Christian School Limited & Anor [2011] NSWSC 498 Hearing dates: 3 May 2011 Decision date: 03 June 2011 Jurisdiction: Common Law Before: Garling J Decision: (1) Vacate order 3 of the orders made on 15 April 2011. (2) In lieu thereof, order that there be judgment for the second defendant/cross-defendant on the first defendant's/cross-claimant's claim. (3) Order that the cross-claimant pay the cross-defendant's costs of the cross-claim. Catchwords: PRACTICE AND PROCEDURE - UCPR - Slip rule - Error in order.

COSTS - Negligence - Judgment for both defendants on plaintiff's claim - Judgment for second defendant on first defendant's claim - Whether first defendant's prior knowledge of information relevant to second defendant's liability should result in award of indemnity costs against first defendant for entire matter. Legislation Cited: Civil Procedure Act 2005 Uniform Civil Procedure Rules 2005 Cases Cited: Garzo v Liverpool/Campbelltown Christian School Limited & Anor [2011] NSWSC 292 Category: Procedural and other rulings Parties: Antoinette Paula Garzo (P) Liverpool/Campbelltown Christian School Limited (D1) T&J Turner Building Services Pty Ltd (D2) Representation: Counsel: M. Daley (P) R. Cheney (D1) R. Gambi (D2) Solicitors: Brydens (P) Lee & Lyons (D1) Gadens (D2) File Number(s): 2009/297310