Australia and New Zealand Banking Group Limited v Adventure Quest Paintball-Skirmish Pty Limited; Woollard v Hodgson; Hodgson v Woollard (No 2) [2016] NSWSC 621

Supreme Court New South Wales

Medium Neutral Citation: Australia and New Zealand Banking Group Limited v Adventure Quest Paintball-Skirmish Pty Limited; Woollard v Hodgson; Hodgson v Woollard (No 2) [2016] NSWSC 621 Hearing dates: On the papers Decision date: 20 May 2016 Jurisdiction: Common Law Before: Adams J Decision: (1) Judgment for possession of the whole of the land contained in Certificate of Title Folio Identifier 139/751656 known as 12 Singleton Road, East Kurrajong (also known as 1200 Putty Road, Blaxlands Ridge) in the State of New South Wales.

(2) The plaintiff has leave to issue forthwith a writ for the possession of the land contained in Certificate of Title Folio Identifier 139/751656 known as 12 Singleton Road, East Kurrajong (also known as 1200 Putty Road, Blaxlands Ridge) in the State of New South Wales.

(3) Judgment for the plaintiff against the third defendant in the sum of $81,957.80 plus interest in the amount of $23,345.22 pursuant to section 100 of the Civil Procedure Act 2005 (NSW) between 21 February 2014 and 22 March 2016 and continuing to increase at the rate of $13.43 per day.

(4) The first cross claim is dismissed.

(5) The third defendant is to pay the plaintiff's costs of the proceedings (including any costs incurred by the plaintiff with respect to the statement of claim, first cross claim and second cross claim) on an indemnity basis.

(6) Declares that the cross claimant on the second cross claim ("Mr Hodgson") is entitled to contribution from the first cross defendant on the second cross claim ("Mr Woollard") to the extent of 50% of: (a) $219,924.56, being the amount of the judgment obtained by the plaintiff herein against Mr Hodgson on 28 May 2014; and (b) any interest accrued pursuant to section 101 of the Civil Procedure Act 2005 in respect of such judgment amount after 15 September 2014.