NATIONWIDE NEWS PTY LTD v NAIDU; ISS SECURITY PTY LTD v NAIDU (NO. 2) [2008] NSWCA 71

NATIONWIDE NEWS PTY LTD v NAIDU; ISS SECURITY PTY LTD v NAIDU (NO. 2) [2008] NSWCA 71

Upon appeal, with ISS Security Pty Ltd's liability set aside, reduction for dual liability under s151Z ceased to apply; plaintiff entitled to full damages from Nationwide News Pty Ltd. No Sanderson order was appropriate as Nationwide's conduct did not make it just to impose ISS's costs on it. ISS entitled to restitution of its part payment with interest. Judgment quantum fixed; costs and cross-appeal orders made accordingly.

Jurisdiction
Australia
Judgment Date
24 April 2008
Procedural Posture
Civil Appeal / Post Judgment Orders Following Appellate Decision
Outcome
Appeal by ISS Security Pty Ltd allowed; orders against ISS set aside; cross-appeals dismissed; quantum of judgment in Mr Naidu's favour against Nationwide News Pty Ltd fixed; various costs orders made; restitution of interim payment ordered; certificate granted under Suitors' Fund Act 1951 (NSW).
Legal Topics
['costs Orders' 'offer of Compromise' 'indemnity Costs' 'sanderson Order' 'quantum of Damages' 'restitution of Interim Payment' 'workers Compensation' 'interest on Judgment']
['torts' 'employment Law' 'civil Procedure' 'costs'] ['costs Orders' 'offer of Compromise' 'indemnity Costs' 'sanderson Order' 'quantum of Damages' 'restitution of Interim Payment' 'workers Compensation' 'interest on Judgment']

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Procedural Posture

Civil Appeal / Post Judgment Orders Following Appellate Decision

Legal Issues

  1. 1 ['Proper quantum of judgment after success on appeal overturning employer liability; whether reduction under s151Z Workers Compensation Act still applies' 'Entitlement to indemnity costs following offers of compromise' 'Entitlement to restitution of trial judgment debt following appeal' 'Entitlement to interest on judgment following amendments to quantum' "Whether unsuccessful defendant (Nationwide) should pay successful defendant's (ISS) costs under Sanderson order"]

Ratio Decidendi

Upon appeal, with ISS Security Pty Ltd's liability set aside, reduction for dual liability under s151Z ceased to apply; plaintiff entitled to full damages from Nationwide News Pty Ltd. No Sanderson order was appropriate as Nationwide's conduct did not make it just to impose ISS's costs on it. ISS entitled to restitution of its part payment with interest. Judgment quantum fixed; costs and cross-appeal orders made accordingly.

Court Disposition

Appeal by ISS Security Pty Ltd allowed; orders against ISS set aside; cross-appeals dismissed; quantum of judgment in Mr Naidu's favour against Nationwide News Pty Ltd fixed; various costs orders made; restitution of interim payment ordered; certificate granted under Suitors' Fund Act 1951 (NSW).

Orders

  • ['1. CA 40182/06 (Nationwide News Pty Ltd appeal): (i) Dismiss the appeal; (ii) Dismiss the cross-appeal of ISS Security Pty Ltd; (iii) Order the appellant to pay the costs of ISS Security on the ordinary basis; (iv) Order the appellant to pay the costs of Mr Naidu of the appeal assessed on the ordinary basis up to...