Mushroom Composters Pty Ltd v IS & DE Robertson Pty Ltd (No 2) [2015] NSWCA 68

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Mushroom Composters Pty Ltd v IS & DE Robertson Pty Ltd (No 2) [2015] NSWCA 68 Hearing dates: On the papers. Last written submission 17 March 2015 Decision date: 25 March 2015 Before: Macfarlan JA, Gleeson JA, Sackville AJA Decision: 1. In addition to Order 2 made on 5 February 2015 (setting aside Order 3 made by McDougall J on 12 May 2014), set aside Orders 2 and 4 made by McDougall J on 12 May 2014.

2. In lieu of Orders 2, 3 and 4 made by McDougall J on 12 May 2014, make the following orders:

(2)Verdict for the cross-claimant (Robertson) on its cross-claim in the sum of $1,009.477.15, inclusive of interest to 1 May 2014. (3)Direct entry of judgment for Robertson against the cross-defendant (Composters) in the sum of $974,660.15, such judgment to take effect from 1 May 2014.

3. No order for the costs of the appeal, with the intent that each party bears its own costs.

4. Note the agreement of the parties that the amount owing by Composters to Robertson, as at 17 March 2015, is the sum of $641,716.73. Legislation Cited: Civil Procedure Act 2005 (NSW), s 90(2)(a) Cases Cited: Mushroom Composters Pty Ltd v IS & DE Robertson Pty Ltd [2015] NSWCA 1 Category: Costs Parties: Mushroom Composters Pty Ltd (Appellant) IS & DE Robertson Pty Ltd (Respondent) Representation: Counsel: B Walker SC / S Duggan (Appellant) BF Katekar / D Krochmalik (Respondent)

Solicitors: HWL Ebsworth Lawyers (Appellant) Henry Davis York (Respondent) File Number(s): 2014/158572 Decision under appeal Court or tribunal: Supreme Court Citation: Mushroom Composters v IS & DE Robertson Family Trust [2014] NSWSC 164 (4 March 2014) Mushroom Composters v Robertson (No 2) [2014] NSWSC 552 (12 May 2014) Date of Decision: 12 May 2014 Before: McDougall J File Number(s): 2011/20925