Ross Gazis v Gual Pty Limited – Formerly known as Sermacs Australia Pty Ltd (under external administration and/or controller appointed) (No 2) [2015] NSWSC 534

Supreme Court New South Wales

Medium Neutral Citation: Ross Gazis v Gual Pty Limited – Formerly known as Sermacs Australia Pty Ltd (under external administration and/or controller appointed) (No 2) [2015] NSWSC 534 Hearing dates: 10 December 2014 Date of orders: 13 May 2015 Decision date: 13 May 2015 Jurisdiction: Common Law Before: Rothman J Decision: (1) South Sydney Junior Rugby League Club Ltd and the Workers Compensation Nominal Insurer pay half of the costs of the cross-defendant to the Second Amended Third Cross-Claim and the Amended Fourth Cross-Claim on the ordinary basis; (2) South Sydney Junior Rugby League Club Ltd and the Workers Compensation Nominal Insurer pay the same proportion of the aforesaid costs as they are liable to pay of the damages awarded to the plaintiff; (3) No order as to costs on the Amended Fifth Cross Claim; (4) Enforcement of the aforesaid order for costs be stayed on the same basis and for so long as enforcement of the judgment in relation to the damages awarded to the plaintiff and the other costs orders are stayed. Catchwords: COSTS – determination of costs of third, fourth and fifth cross-claim – cross-claims necessary for proper apportionment of liability following settlement between plaintiff and first defendant – cross-defendant successful in defence of cross-claims despite unsuccessful issue – order that parties pay half of cross-defendant's costs on an ordinary basis Legislation Cited: Civil Procedure Act 2005 Law Reform (Miscellaneous Provisions) Act 1946 Uniform Civil Procedure Rules 2005 Cases Cited: Griffith v Australian Broadcasting Corporation (No 2) [2011] NSWCA 145 Macquarie International Health Clinic Pty Ltd v Sydney South West Area Health Service (No 2) [2011] NSWCA 171 Oshlack v Richmond River Council [1998] HCA 11; (1998) 193 CLR 72 Category: Costs Parties: Ross Gazis (Plaintiff) Gual Pty Limited – Formerly known as Sermacs Australia Pty Ltd (under external administration and/or controller appointed) (First Defendant/First Cross-Defendant to the Third Cross-Claim/Fourth Cross-Defendant/Fifth Cross-Claimant) South Sydney Junior Rugby Leagues Club Ltd (Second Defendant/First Cross-Claimant/Second Cross-Defendant/Third Cross-Claimant/First Cross-Defendant to the Fifth Cross-Claim) The Worker's Compensation Nominal Insurer by its agent, Employers Mutual Ltd (Third Defendant/First Cross-Defendant/Second Cross-Claimant/Fourth Cross-Claimant/Second Cross-Defendant to the Fifth Cross-Claim) HCC Underwriting Agency Ltd (formerly Ilium Underwriting Agency) as agent for Syndicate 4040 (Second Cross-Defendant to Third Cross-Claim) Representation: Counsel: D.E Baran/with J.C Lee (Plaintiff) N.E Chen (First Defendant/First Cross-Defendant to the Third Cross-Claim/Fourth Cross-Defendant/Fifth Cross-Claimant) R.Cavanagh SC (Second Defendant/First Cross-Claimant/Second Cross-Defendant/Third Cross-Claimant/First Cross-Defendant to the Fifth Cross-Claim) P. Perry (Third Defendant/First Cross-Defendant/Second Cross-Claimant/Fourth Cross-Claimant/Second Cross-Defendant to the Fifth Cross-Claim)