Elphick v Westfield Shopping Centre Management Company Pty Limited [2011] NSWCA 356 (25 November 2011)


APPEAL – shopping centre accident – injured employee of cleaning contractor – liability of occupier – liability of independent contractor – contractual relationship between occupier and independent contractor – indemnity in cleaning agreement – right to indemnity for costs of defending action

PRACTICE – (per Young JA)- there is no right for the one party to be represented by two sets of lawyers just because part of its interest is insured unless the leave of the Court is obtained.

Evidence Act 1995 s 42