Australian Financial Services and Leasing Pty Ltd v Hills Industries Limited & Ors [2011] NSWSC 595

Supreme Court New South Wales

Medium Neutral Citation: Australian Financial Services and Leasing Pty Ltd v Hills Industries Limited & Ors [2011] NSWSC 595 Hearing dates: 28/3/2011 - 31/3/2011, 1/4/2011, 17/6/11 Decision date: 20 June 2011 Jurisdiction: Equity Division - Commercial List Before: Einstein J Decision: ( 1) With respect to the first defendant: (a) Judgment for the plaintiff against the first defendant in the sum of $247,306.23, being compensation in the amount of $224,685.40 together with interest in the amount of $22,620.83. (b) The first defendant to pay the plaintifff's costs as agreed or assessed. (2) With respect to the second defendant: (a) Verdict for the second defendant against the plaintiff. (b) The plaintiff to pay the second defendant's costs on the ordinary basis up to 21 February 2011 and thereafter the plaintiff to pay the second defendant's costs on an indemnity basis, such costs to be as agreed or assessed. (3) With respect to the third defendant: (a) Judgment for the plaintiff against the third defendant in the amount of $170,270.37, being compensation in the amount of $154,935.00 together with interest in the amount of $15,335.37. (b) The third defendant to pay the plaintiff's costs as agreed or assessed. Catchwords: Costs Legislation Cited: Uniform Civil Procedure Rules 2005 Category: Consequential orders Parties: Australian Financial Services and Leasing Pty Ltd (Plaintiff) Hills Industry Limited (First Defendant) Bosch Security Systems Pty Limited (Second Defendant) Jetobravo Pty Limited (Third Defendant) Representation: Counsel: Mr A Moses SC, Mr M Cleary (Plaintiff) Mr T Thawley (First Defendant) Mr L Gor (Second Defendant) Mr R Marshall (Third Defendant) Solicitors: Berry Buddle Wilkins Lawyers (Plaintiff) Cosoff Cudmore Knox (First Defendant) HWL Ebsworth (Second Defendant) Lee Hourigan & Brooks (Third Defendant) File Number(s): 2010/0133256