Galea v Farrugia [2013] NSWCA 164

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Galea v Farrugia [2013] NSWCA 164 Hearing dates: 10, 11 and 12 April 2013 Decision date: 07 June 2013 Before: Bathurst CJ at [1] Macfarlan JA at [2] Ward JA at [104] Decision: (1) Appeal dismissed. (2) Order the appellants to pay the respondents' costs of the 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: CONTRACT - agreement to supply land fill - whether appellants proved that fill supplied by respondents was contaminated with asbestos

EVIDENCE - tendency evidence - s 97 Evidence Act 1995 - whether respondents supplied contaminated land fill to appellants' property - relevance of evidence of deliveries of contaminated land fill by the respondents to two other properties Legislation Cited: Environment Planning Assessment Act 1979 Evidence Act 1995 Protection of the Environment Operations Act 1997 Cases Cited: Asim v Penrose [2010] NSWCA 366 Lujans v Yarrabee Coal Co Pty Ltd [2008] HCA 51; 83 ALJR 34 Martin v Osborne [1936] HCA 23; 55 CLR 367 R v Fletcher [2005] NSWCCA 338; 156 A Crim R 308 Category: Principal judgment Parties: Paul Galea (First Appellant) Mary Galea (Second Appellant) Lepipi Pty Ltd (Third Appellant) David Farrugia (First Respondent) Mary Farrugia (Second Respondent) J & L Cauchi Pty Ltd (Third Respondent) Joe Cauchi (Fourth Respondent) Representation: Counsel: M J Neil QC (Appellants) P Barham (First and Second Respondents) J A Hogan-Doran (Third and Fourth Respondents) Solicitors: Mosca & Scott (Appellants) NSW Compensation Lawyers (First and Second Respondents) Balmain Lawyers (Third and Fourth Respondents) File Number(s): CA 2012/82184 Decision under appeal Jurisdiction: 9111 Citation: Galea v Farrugia [2012] NSWSC 77 Date of Decision: 2012-02-21 00:00:00 Before: Hislop J File Number(s): 2003/91314