Thompson v NSW Land and Housing Corporation (No 2) [2012] NSWSC 864

Supreme Court New South Wales

Medium Neutral Citation: Thompson v NSW Land and Housing Corporation (No 2) [2012] NSWSC 864 Hearing dates: On written submissions Decision date: 02 August 2012 Before: Hislop J Decision: 1. Judgment for the cross defendant on the first cross claim. 2. The cross claimant to pay the cross defendant's costs of the first cross claim. 3. Judgment for the first cross defendant on the second cross claim. 4. The cross claimant on the second cross claim to pay the first cross defendant's costs of the second cross claim. 5. Judgment for the cross claimant on the second cross claim against the second cross defendant on the second cross claim for: (a) its costs of defending the first cross claim less credit for such of those costs as are recovered from the cross claimant on the first cross claim; (b) the costs payable by it to the first cross defendant on the second cross claim; (c) its costs of prosecuting the second cross claim. 6. The claims for interest made by Pestkil are deferred. Catchwords: Common law - personal injury - insurance - costs Cases Cited: Australian Casualty Co Limited v Federico [1986] HCA 2; (1986) 160 CLR 513 Australia Paper Manufacturers Limited v American International Underwriters [1994] 1 VR 685 McCann v Switzerland Insurance Australia Limited [2000] HCA 65; (2000) 203 CLR 579 Carlingford Australia General Insurance Limited v EZ Industrial Limited [1988] VR 349 Autotronic Systems Inc. v Aetna Life and Casualty 456 9 NYS 2d 504 Lahoud v Lahoud [2006] NSWSC 126 Texts Cited: Law of Liability Insurance, Derrington and Ashton, 2nd ed, 2005 Category: Consequential orders Parties: Murray Thompson (Plaintiff) NSW Land & Housing Corporation (Defendant)