Elphick v Westfield Shopping Centre Management Company Pty Limited [2011] NSWCA 356

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Elphick v Westfield Shopping Centre Management Company Pty Limited [2011] NSWCA 356 Hearing dates: 14 September 2011 Decision date: 25 November 2011 Before: Young JA at [1] Whealy JA at [12] Sackville AJA at [117] Decision: ON THE APPEAL 1. Appeal dismissed. 2. The appellant pay the first respondent's costs of the appeal 3. The second respondent pay to the first respondent the difference between the first respondent's costs of the appeal assessed on an indemnity basis and the costs, to the extent that they are recoverable, payable by the appellant pursuant to Order 2. ON THE FIRST CROSS-APPEAL 4. Save for Order 3 above, the first cross-appeal dismissed. 5. The respondent to the first cross-appeal pay the cross-appellant's costs of the first cross-appeal. ON THE SECOND CROSS-APPEAL 6. The second cross appeal is dismissed. 7. The cross-appellant pay the costs of the respondent to the second cross-appeal of the second cross-appeal. [Note: The Uniform Civil Procedure Rules 2005 provide (Rule 36.11) that unless the Court otherwise orders, a judgment or order is taken to be entered when it is recorded in the Court's computerised court record system. Setting aside and variation of judgments or orders is dealt with by Rules 36.15, 36.16, 36.17 and 36.18. Parties should in particular note the time limit of fourteen days in Rule 36.16.] Catchwords: APPEAL - shopping centre accident - injured employee of cleaning contractor - liability of occupier - liability of independent contractor - contractual relationship between occupier and independent contractor - indemnity in cleaning agreement - right to indemnity for costs of defending action