Charles Delius Somerville Alexander and Ors (t/as Minter Ellison) v Perpetual Trustees WA Limited and Anor (No. 2) [2002] NSWCA 101

Charles Delius Somerville Alexander and Ors (t/as Minter Ellison) v Perpetual Trustees WA Limited and Anor (No. 2) [2002] NSWCA 101

The appellants were not entitled to contribution under s 23B of the Wrongs Act 1958 (Vic) because there was no coordinate liability between the appellants and respondents in respect of the same damage; the liabilities arose from different obligations and there was no common liability to the beneficiaries. Accordingly, no alteration was required to the original orders dismissing the appeal with costs.

Jurisdiction
Australia
Judgment Date
15 April 2002
Procedural Posture
Notice of Motion/supplementary Reasons / On Appeal (court of Appeal) – Supplementary Reasons After Appeal Judgment
Outcome
Appeal dismissed with costs confirmed; no alteration to previous orders.
Legal Topics
['breach of Trust' 'contribution' 'statutory Contribution' 'equitable Contribution']
['equity' 'trusts' 'torts'] ['breach of Trust' 'contribution' 'statutory Contribution' 'equitable Contribution']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Notice of Motion/supplementary Reasons / On Appeal (court of Appeal) – Supplementary Reasons After Appeal Judgment

Legal Issues

  1. 1 ['Whether the appellants were entitled to contribution from the respondents under s 23B of the Wrongs Act 1958 (Vic)' 'Whether beneficiaries have a right of action to recover compensation against a third party under trust law principles']

Ratio Decidendi

The appellants were not entitled to contribution under s 23B of the Wrongs Act 1958 (Vic) because there was no coordinate liability between the appellants and respondents in respect of the same damage; the liabilities arose from different obligations and there was no common liability to the beneficiaries. Accordingly, no alteration was required to the original orders dismissing the appeal with costs.

Court Disposition

Appeal dismissed with costs confirmed; no alteration to previous orders.

Orders

  • ['Appeal dismissed with costs confirmed.']