Walsh v KC & WL Brain Pty Ltd (No. 7)

[2024] NSWDC 337

District Court

New South Wales

Medium Neutral Citation:	Walsh v KC & WL Brain Pty Ltd (No. 7) [2024] NSWDC 337
Hearing dates:	27 - 29 May 2024
Date of orders:	29 May 2024
Decision date:	29 May 2024
Jurisdiction:	Civil
Before:	Neilson DCJ
Decision:	See par [2].
Catchwords:	Final orders after lengthy, interrupted hearing.
Legislation Cited:	Civil Procedure Act 2005
Cases Cited:	Nil.
Texts Cited:	Nil.
Category:	Principal judgment
Parties:	Plaintiff – Alan David Walsh Defendant – KC & WL Brain Pty Ltd
Representation:	Counsel: Plaintiff – Mr Gunning, M. Defendant – Mr O’Connor, J. Solicitors: Plaintiff – Rural Law Defendant – Walsh & Blair Solicitors
File Number(s):	2020/00107856
Publication restriction:	Nil.

Judgment

1. HIS HONOUR: On Monday I heard the arguments of counsel concerning the final item in the defendant’s claims against the plaintiff, which are referred to in the defendant’s cross-claim. I commenced giving judgment shortly after 3:30pm and continued giving judgment until about noon yesterday. There was then discussion between counsel and me about the form of the orders to be imposed and concerning interest. I did not articulate the final order then. We then commenced a discussion of the issue of costs and evidence was tendered in that regard and argument was held. I commence this judgment this morning by announcing the orders, the form of which is agreed to by counsel.

2. I make the following orders:

1. Judgment for the defendant against the plaintiff on the plaintiff’s primary claim in the Further Amended Statement of Claim for the value of the Dalree rice crop.

2. Judgment for the plaintiff against the defendant for $214,302.20 on the alternative claim made by the plaintiff in the Further Amended Statement of Claim for restitution.

3. Judgment for the cross-claimant against the cross-defendant for $344,015.17 on the First Amended Cross-claim.

4. Pursuant to the Civil Procedure Act 2005 s96, I order that the monetary judgment for the plaintiff be set off against the judgment for the cross-claimant so that there shall be a net monetary judgment for the defendant/cross‑claimant in the sum of $129,712.97.

5. I order that the plaintiff pay interest on the sum of $129,712.97 in the sum of $45,076.34.

6. I direct entry of a final judgment in favour of the defendant/cross‑claimant against the plaintiff/cross-defendant for $174,789.31.

**********

Decision last updated: 12 August 2024