Lucas v Tubrule Pty Ltd [No 2]

Case

[2010] NSWDC 140

1 June 2010


Details
AGLC Case Decision Date
Lucas v Tubrule Pty Ltd [No 2] [2010] NSWDC 140 [2010] NSWDC 140 1 June 2010

CaseChat Overview and Summary

Lucas v Tubrule Pty Ltd [No 2] was a legal dispute between the plaintiff, Lucas, and the defendants, Tubrule Pty Ltd and Baulderstone Hornibrook Pty Limited. The case was heard in a court that had the authority to make decisions on the matter. The primary issue the court had to decide was the extent of liability between the parties involved in the dispute.

The court examined the legal principles related to the defendants' liability and the apportionment of damages between them. It was necessary to determine the amount owed by each defendant to the plaintiff and to each other, as well as the costs associated with the proceedings. The court also had to consider the appropriate basis for awarding costs and whether the cross-claim brought by Tubrule Pty Ltd against Baulderstone Hornibrook Pty Limited should be dismissed.

The court found in favour of the plaintiff, awarding him a sum of $796,202.00. It determined that Tubrule Pty Ltd was liable to Baulderstone Hornibrook Pty Limited for $447,863.00 and that Baulderstone Hornibrook Pty Limited was liable to Tubrule Pty Limited for $348,337.00. The court ordered the defendants to pay the plaintiff's costs of the proceedings on an ordinary basis up until 26 September 2007, and on an indemnity basis thereafter. The cross-claim filed by Tubrule Pty Ltd against Baulderstone Hornibrook Pty Limited was dismissed, with each party to bear their own costs. The exhibits were retained, and the orders made were stayed for six weeks on specific conditions.
Details

Areas of Law

  • Civil Litigation & Procedure

Legal Concepts

  • Jurisdiction

  • Costs

  • Stay of Proceedings

  • Compensatory Damages

Actions
Download as PDF Download as Word Document


Cases Citing This Decision

0

Cases Cited

2

Statutory Material Cited

3

Richards v Cornford [2009] NSWDC 60
Richards v Cornford [2010] NSWCA 99
Richards v Cornford [2009] NSWDC 60