Nicoll v Dobeson; Nicoll v The Workers Compensation Nominal Insurer (No 4) [2014] NSWDC 255

District Court New South Wales

Medium Neutral Citation: Nicoll v Dobeson; Nicoll v The Workers Compensation Nominal Insurer (No 4) [2014] NSWDC 255 Hearing dates: 25 August 2014 Decision date: 25 August 2014 Jurisdiction: Civil Before: P Taylor SC Decision: (1) Orders 1 to 4 of 16 July 2014 be set aside. In proceedings 2009/339941: (2) Grant leave to the Third Defendant, Sussex Inlet RSL Club Ltd, to file in court today a Notice of Change of Solicitor. (3) Judgment in favour of the Third Defendant against the Plaintiff. (4) Plaintiff to pay the Third Defendant's costs as agreed or assessed. (5) Plaintiff to pay the Third Defendant's costs on an indemnity basis from 9 May 2013. (6) Cross-Claim against the First Cross-Defendant, Dean Dobeson, dismissed with no order as to costs. (7) Cross-Claim against the Second Cross-Defendant, Robert Hammond, dismissed with no order as to costs. (8) First and Second Defendants, Dean Dobeson and Robert Hammond, to pay the Plaintiff's costs of the proceedings. In proceedings 2012/281640: (9) Grant leave to the First Cross-Defendant, Sussex Inlet RSL Club Ltd, to file in court today a Notice of Change of Solicitor. (10) Cross-claim against the First Cross-Defendant dismissed. (11) Defendant to pay the First Cross-Defendant's costs of the cross-claim as agreed or assessed. (12) Judgment for the plaintiff against the Defendant, the Workers Compensation Nominal Insurer, in the amount of $6,913.95. (13) As between the Plaintiff and the Defendant, each party bear their own costs. (14) Judgment for the Defendant against the Second Cross-Defendant, Dean Dobeson, in the amount of $118,044.42. (15) The cross-claim against the Third Cross-Defendant, Robert Hammond, is not pressed and is dismissed. (16) The Second Cross-Defendant pay the Defendant's costs of the cross-claim against him save for those costs that relate exclusively to the Third Cross-Defendant. Catchwords: NEGLIGENCE - personal injury - negligence by employee - assault by third parties - apportionment - final orders - proceedings - two claims - multiple defendants in one claim Legislation Cited: Uniform Civil Procedure Rules 2005, r 42.1 Workers Compensation Regulation 2010, cl 105, cl 106, cl 109 Cases Cited: Khan As Trustee for the Khan Family Trust v Hadid; Hadid v Khan As Trustee for the Khan Family Trust (No 2) [2008] NSWSC 119 Nicoll v Dobeson; Nicoll v The Workers Compensation Nominal Insurer (No 3) [2014] NSWDC 109 Category: Consequential orders (other than Costs) Parties: 2009/339941 Kathaleen Nicoll (plaintiff) Dean Dobeson (first defendant) Robert Hammond (second defendant) Sussex Inlet RSL Club Ltd (third defendant)