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Do I have to pay the palintiff the full amount of whats owing or do we split it 3 ways and I only pay a third?
The ex tempore judgment or the short minutes of order
How do I send it to you?
I have just forwarded the Ex Tempore Judgment to the email address you provided, attention forward to Alex.
Kind regards Anthony.
How did it go Alex, did that Pdf turn up?
Hello Alex,I think the file size was too big for the network somwhere, it was 5Mb.
I have reduced the file size to >1 Mb, should come through now.
Yes I have just sent it to you.
Please clarify order 28 (5) & (8).
Kind regards, Anthony.
Alex, Thank you. What I want to know is am liable to pay to for the other 2 defendants just because I have sufficient money in the controlled money account or can I just pay my 22.2% and be done with it all?
Alex, is there any way that these orders could be read as meaning that I am jointly and severally liable, therefore being made pay for everyone?Kind regards Anthony.
Alex, Good morning!
Could we have your opinion in the language that a lawyer would understand?
We will be most likely having to discuss this today with the Law Firm that is holding our money in their controlled monies account.
In doing further research we have uncovered the subject of Proportional Liability, and the Civil Liability Act of NSW.
This Civil Liability Act must be the reason you say that my liability is one third of the total liability. Am I rcorrect in my thinking or does your view stem from some other legislation that I am unfamiliar with.
As an update, the Lawyer with the CMA seems to think I am wholly liable because of Joint and Several Liability and wants me to approve payment of the full amount after any relevant setoff.
Your thoughts please?
Kind regards, Anthony
OK thanks, XXXXX XXXXX do appreciate your help.
His words are
2. A review of the Judgment of His Honour Justice Slattery appears to indicate that the liability for Costs payable to the Plaintiff is a joint and several liability of the Defendants, excepting Rachael Allen. Mr Peters appears to be entitled to enforce his rights to the payment of the Plaintiff’s Costs against any or all of the relevant Defendants;
This lawyer represented the 1st and 2nd defendants, (myself and Lithgow Forge). He has since ceased to act for us as we can no longer afford anymore ongoing legal expenses.
Alex,I can't answer that question. All I know is he wants me to pay 100% of the Assessed costs determination instead of 1/3rd.
I beleive it is just his opinion.
No where in the judgment does it use the words jointly and severally liable.
Alex, Thank you very much.
I will now stop asking for anymore detail.
You have been very kind and helpfull.