Babcock International Ltd v Eraring Energy and Babcock Australia Ltd [2001] NSWDDT 4

Babcock International Ltd v Eraring Energy and Babcock Australia Ltd [2001] NSWDDT 4

Settlement and judgment as to James Hardie & Coy Pty Ltd’s proportionate liability did not, on the facts, satisfy the entirety of the cross-claims by Eraring Energy and Babcock Australia Ltd against Babcock International Ltd. The statutory cause of action for contribution under s 5(1)(c) remains available; neither merger nor estoppel (cause of action, issue, or by conduct) operates to bar the cross-claims in this context. The application to dismiss the cross-claims is declined.

Jurisdiction
Australia
Judgment Date
14 May 2001
Procedural Posture
Interlocutory Application / Motion to Dismiss Cross Claims for No Reasonable Cause of Action
Outcome
Motion dismissed
Legal Topics
['contribution Between Tortfeasors' 'satisfaction and Release' 'res Judicata' 'issue Estoppel' 'estoppel by Conduct']
['tort Law' 'civil Procedure'] ['contribution Between Tortfeasors' 'satisfaction and Release' 'res Judicata' 'issue Estoppel' 'estoppel by Conduct']

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Procedural Posture

Interlocutory Application / Motion to Dismiss Cross Claims for No Reasonable Cause of Action

Legal Issues

  1. 1 ['Whether settlement and judgment between Eraring Energy and James Hardie & Coy Pty Ltd, and between Babcock Australia Ltd and James Hardie & Coy Pty Ltd, preclude further cross-claims for contribution against Babcock International Ltd under s 5(1)(c) Law Reform (Miscellaneous Provisions) Act 1946' 'Whether the doctrine of merger (res judicata/cause of action estoppel) applies to bar cross-claims by Eraring Energy and Babcock Australia Ltd against Babcock International Ltd' 'Whether issue estoppel or estoppel by conduct applies to prevent further claims']

Ratio Decidendi

Settlement and judgment as to James Hardie & Coy Pty Ltd’s proportionate liability did not, on the facts, satisfy the entirety of the cross-claims by Eraring Energy and Babcock Australia Ltd against Babcock International Ltd. The statutory cause of action for contribution under s 5(1)(c) remains available; neither merger nor estoppel (cause of action, issue, or by conduct) operates to bar the cross-claims in this context. The application to dismiss the cross-claims is declined.

Court Disposition

Motion dismissed

Orders

  • ['Motion by Babcock International Ltd to dismiss cross-claims for no reasonable cause of action is refused.' 'Liberty reserved to agitate the question after the decision in Hay.']