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

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

The Court granted the bank possession and judgment for debt, with indemnity costs, based on contractual obligations and uncontroversial quantification, as well as the refusal of a Calderbank offer. Mr Hodgson was granted contribution and indemnity from Mr Woollard for part of the judgment and costs, reflecting the relative liability and payments made, and the unsuccessful contest of the plaintiff's suit by Mr Woollard.

Jurisdiction
Australia
Judgment Date
20 May 2016
Procedural Posture
Consequential Orders (other Than Costs) / Final Judgment/order
Outcome
Judgment for possession, money judgment for plaintiff, dismissal of first cross claim, mixed orders and declarations on contribution and indemnity between Hodgson and Woollard, costs orders, and writs for possession.
Legal Topics
['possession of Land' 'contribution' 'indemnity' 'costs' 'interest']
['common Law' 'civil Procedure'] ['possession of Land' 'contribution' 'indemnity' 'costs' 'interest']

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Procedural Posture

Consequential Orders (other Than Costs) / Final Judgment/order

Legal Issues

  1. 1 ['Whether the plaintiff is entitled to possession of the land and judgment for debt.' 'Entitlement of the plaintiff to indemnity costs from the third defendant.' 'Whether Mr Hodgson is entitled to contribution and indemnity from Mr Woollard for judgment and costs.' 'Assessment of interest and allocation of liabilities between defendants.']

Ratio Decidendi

The Court granted the bank possession and judgment for debt, with indemnity costs, based on contractual obligations and uncontroversial quantification, as well as the refusal of a Calderbank offer. Mr Hodgson was granted contribution and indemnity from Mr Woollard for part of the judgment and costs, reflecting the relative liability and payments made, and the unsuccessful contest of the plaintiff's suit by Mr Woollard.

Court Disposition

Judgment for possession, money judgment for plaintiff, dismissal of first cross claim, mixed orders and declarations on contribution and indemnity between Hodgson and Woollard, costs orders, and writs for possession.

Orders

  • ['Judgment for 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) NSW.' 'Leave for plaintiff to issue forthwith a writ for possession of same land.' 'Judgment for plaintiff against third...