Galea v Farrugia [2012] NSWSC 77

Supreme Court New South Wales

Medium Neutral Citation: Galea v Farrugia [2012] NSWSC 77 Hearing dates: 18 October, 20-29 October, 1-12 November 2010, 28-31 March, 1-8 April,2-3 May 2011 Decision date: 21 February 2012 Before: Hislop J Decision: 1. Judgment for the defendants against the plaintiffs in the principal action. 2. The plaintiffs to pay the defendants' costs of the principal action. 3. Judgment for the first plaintiff and Lepipi Pty Limited against the third defendant on the first cross claim. 4. The third defendant to pay the first plaintiff's and Lepipi's costs of the first cross claim. 5. Judgment for the third and fourth defendants against the first and second defendants in respect of the second cross claim. 6. The first and second defendants to pay the third and fourth defendants' costs of the second cross claim. 7. Judgment for the defendants against Lepipi Pty Limited on the third cross claim. 8. Lepipi to pay the defendants' costs of the third cross claim. Catchwords: Common law - contract - claim for cost of removal of land fill. Legislation Cited: Civil Procedure Act 2005 Fair Trading Act 1987 Trade Practices Act 1975 Sale of Goods Act 1923 Environmental Planning Assessment Act 1979 Protection of the Environment Operations Act 1997 Evidence Act 1995 Cases Cited: Watson v Foxman (1995) 49 NSWLR 315 Category: Principal judgment Parties: 1st Plaintiff: Paul Galea 2nd Plaintiff: Mary Galea 1st Defendant: David Farrugia 2nd Defendant: Mary Farrugia 3rd Defendant: J & L Cauchi Pty Limited 4th Defendant: Joe Cauchi