Thornton v Wollondilly Mobile Engineering (No 2) [2012] NSWSC 742

Supreme Court New South Wales

Medium Neutral Citation: Thornton v Wollondilly Mobile Engineering (No 2) [2012] NSWSC 742 Hearing dates: 22 June 2012 Decision date: 22 June 2012 Before: Adamson J Decision: (1) Judgment for the plaintiff against the second defendant in the sum of $136,363. (2) Judgment for the second defendant/ cross-claimant against the cross defendant in the sum of $136,899. (3) Order that the second defendant pay the plaintiff's costs of the proceedings. (4) In the first cross-claim: (a) Order that the cross-defendant pay 60% of the costs paid by the cross-claimant to the plaintiff pursuant to order 3; (b) Order that the cross-defendant pay the cross-claimant's costs of that part of the cross-claim that pleaded a cause of action under s 5 of the Law Reform (Miscellaneous Provisions) Act 1946, with such costs to be assessed on an indemnity basis from 12 October 2011; and (c) Order that the cross-defendant pay the cross-claimant's costs of the remainder of the cross-claim assessed on the ordinary basis. Catchwords: PRACTICE AND PROCEDURE - costs Legislation Cited: - Law Reform (Miscellaneous Provisions) Act 1946 - Civil Liability Act 2002 Cases Cited: - James Hardie v Wyong Shire Council [2000] NSWCA 107; 48 NSWLR 679 - Brazendale v Kenna [1961] Tas SR 199 Category: Costs Parties: Jarrad Morgan Thornton (Plaintiff) Wollondilly Mobile Engineering Pty Ltd (First defendant) Penrose Pine Pty Ltd (Second defendant, Cross-claimant) Mechanical and Construction Insurance Pty Ltd (Cross-defendant) Representation: Counsel: S Longhurst (Plaintiff) D Kelly (Second defendant, Cross-claimant) A Renshaw/G Stanton (Cross-defendant) Solicitors: RMB Lawyers (Plaintiff) James Tuite & Associates (Second defendant, Cross-claimant) McMahon's Lawyers (Cross-defendant) File Number(s): 2010/101750