28 Apr 2009
BODY CORPORATE 185960 AND ANOR V NORTH SHORE CITY COUNCIL AND ORS HC AK CIV-2006-004-003535
- Citation
- openlaw-a65599dd_e06d_4ff3_aad5_43112b046cd4.pdf
- Court
- High Court
The Court held that although the plaintiffs are entitled to entry of judgment for the itemised quantified damages, recovery from Mr Gailer must not produce double recovery where the plaintiffs have already received $980,000 from the Council; accordingly judgment may be entered for the itemised totals but enforcement is subject to the settlement amount and Mr Gailer may prove he is a beneficiary of the settlement within 10 working days.