Coles Supermarkets Australia Pty Ltd v Bright [2015] NSWCA 17

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Coles Supermarkets Australia Pty Ltd v Bright [2015] NSWCA 17 Hearing dates: 5 February 2015 Date of orders: 10 February 2015 Decision date: 05 February 2015 Before: Basten JA at [1]; Hoeben JA at [24]; Ward JA at [25] Decision: Matter No. 2014/89996:

1.Allow the appeal.

2.With respect to District Court proceedings number 2013/42208:

(a)Set aside the orders made by his Honour Chief Judge Blanch on 3 March 2014.

(b)Enter Judgment for the First and Second Defendants against the Plaintiff.

(c)The Plaintiff is to pay the First and Second Defendants' costs.

(d)The First Defendant's cross claim against the Second Defendant Is dismissed with no order as to costs.

3.The First Respondent to pay the Appellant's and the Second Respondent's costs of the appeal.

4.The First Respondent Is, within 14 days of these orders, to repay to the Appellant the sum of $31,497.75 representing the amount paid by the Appellant to the First Respondent on 4 July 2014 and including an amount for Interest.

5.The First Respondent to have a certificate under the Suitors' Fund Act 1951.

Matter No 2014/94750:

1.Allow the appeal.

2.With respect to District Court proceedings number 2013/42208:

(a)Set aside the orders made by his Honour Chief Judge Blanch on 3 March 2014.

(b)Enter Judgment for the First and Second Defendants against the Plaintiff.