Anderson v LD Contractors Pty Ltd [2020] NSWSC 49

Supreme Court New South Wales

Medium Neutral Citation: Anderson v LD Contractors Pty Ltd [2020] NSWSC 49 Hearing dates: 3 & 10 February 2020 Date of orders: 10 February 2020 Decision date: 10 February 2020 Jurisdiction: Common Law Before: Davies J Decision: 1. Judgment for the cross-claimant on the cross-claim in the sum of $1,110,000. 2. The cross-defendant is to pay the cross-claimant's costs assessed at $4,173. Catchwords: JUDGMENTS AND ORDERS – default judgment – two defendants – cross-claim by second defendant against first defendant – contractual claim for indemnity - where no defence filed to a cross-claim – where proceedings settled with plaintiff obliging each defendant to pay a share of the agreed damages – judgment on the cross-claim for sum quantified in the settlement – whether a liquidated sum Legislation Cited: Legal Profession Uniform Law Uniform Civil Procedure Rules 2005 (NSW) Cases Cited: Arnold v Forsythe [2012] NSWCA 18 Texts Cited: Nil Category: Principal judgment Parties: Shane Adam Anderson (Plaintiff) LD Contractors Pty Ltd (First Defendant/Cross-Defendant) Resource Pacific Pty Ltd (Second Defendant/Cross-Claimant) Representation: Counsel: No appearance (First Defendant/Cross-Defendant) S Sykes (Second Defendant/Cross-Claimant)

Solicitors: Self-represented (First Defendant/Cross-Defendant) Barry Nilsson (Second Defendant/Cross-Claimant) File Number(s): 2016/375869 Publication restriction: Nil