Grills v Leighton Contractors Pty Limited (No 2) [2015] NSWCA 348

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Grills v Leighton Contractors Pty Limited (No 2) [2015] NSWCA 348 Hearing dates: On the papers Decision date: 13 November 2015 Before: Beazley P; Gleeson JA Decision: (1) Set aside order 2 made by the Court of Appeal on 27 March 2015 and in lieu thereof, make the following orders:

2A. Set aside orders 1, 2 and 3 made by the trial judge on 23 April 2014 and in lieu thereof substitute the following orders, with effect from 23 April 2014:

(a) Verdict and judgment for the appellant against Leighton Contractors Pty Limited for $1,475,805; (b) Verdict and judgment for the appellant against the State for $1,225,647; (c) Leighton Contractors Pty Limited and the State will in respect of the judgment amounts specified in (a) and (b) discharge the judgments against them by making payments in the following amounts, less any deductions which are required by law and less any payments already made:

(i) Leighton Contractors Pty Ltd: $826,212; (ii) The State: $649,593.

2B. Order that Leighton and the State pay interest only on those portions of the judgment sums particularised in order 2A(c) above.

(2) Set aside order 3 of the Court of Appeal on 27 March 2015 and in lieu thereof, make the following order:

3. Leighton Contractors Pty Limited to pay 11.75 per cent of the appellant's costs of the appeal, and the parties otherwise to bear their own costs of the appeal.

(3) The appellant to pay Leighton Contractors Pty Limited's costs of the appellant's notice of motion, and the appellant and the State to bear his and its own costs of that notice of motion.