Elphick v Westfield Shopping Centre Management Co Pty Ltd

CITATION: Elphick v Westfield Shopping Centre Management Co Pty Ltd [2010] NSWDC 152 This decision has been amended. Please see the end of the judgment for a list of the amendments.

1. The plaintiff is entitled to a verdict against the second defendant on the claim in the amount of $525,658. 2. The first defendant is entitled to a verdict against the plaintiff on the claim. 3. The first defendant/cross - claimant is entitled to a verdict against the second defendant/ first cross - defendant on the first cross-claim for indemnity against any loss of costs incurred in defending the plaintiff's action against it; otherwise as against the second defendant/ first cross - defendant the first cross-claim is to be dismissed. DECISION: 4. The second cross - defendant is entitled to a verdict against the first defendant/cross - claimant on the first cross-claim. 5. The second defendant/cross - claimant is entitled to a verdict against the cross - defendant on the second cross-claim for indemnity against the damages and any costs payable to the plaintiff on his claim; otherwise the second cross-claim is to be dismissed. 6. Parties to be heard on interest and on the costs of the proceedings and to prepare short minutes of order to give effect to this decision. 7. Note that the workers compensation payback amount is $119,372.