Bitumen & Oil Refineries (Australia) Ltd v Commissioner for Government Transport [1955] HCA 1

Bitumen & Oil Refineries (Australia) Ltd v Commissioner for Government Transport [1955] HCA 1

The pleaded verdict and judgment recovered by Vickery against the respondent at least substantially established that the respondent was a tort-feasor "liable in respect of that damage" within s. 5(1)(c), because liability so described includes liability ascertained by judgment. The challenged pleading therefore should not be struck out, although it may be desirable to amend it to make clear that the prior recovery was for tort.

Jurisdiction
Australia
Procedural Posture
Appeal Concerning a Claim for Statutory Contribution Between Tortfeasors / Appeal by Leave From an Order of the Full Court of the Supreme Court Dismissing an Appeal From a Chambers Order Refusing a Defendant's Summons to Strike Out Part of a Declaration
Outcome
Appeal dismissed with costs.
Legal Topics
['contribution Between Tortfeasors' 'meaning of "liable" in S. 5(1)(c)' 'pleading Sufficiency' 'effect of Prior Judgment on Contribution Claim']
['tort Law' 'civil Procedure' 'statutory Interpretation'] ['contribution Between Tortfeasors' 'meaning of "liable" in S. 5(1)(c)' 'pleading Sufficiency' 'effect of Prior Judgment on Contribution Claim']

Case Brief

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Procedural Posture

Appeal Concerning a Claim for Statutory Contribution Between Tortfeasors / Appeal by Leave From an Order of the Full Court of the Supreme Court Dismissing an Appeal From a Chambers Order Refusing a Defendant's Summons to Strike Out Part of a Declaration

Legal Issues

  1. 1 ['Whether a verdict and judgment recovered by Vickery against the present plaintiff established that the plaintiff was a tort-feasor "liable in respect of that damage" within s. 5(1)(c) of the Law Reform (Miscellaneous Provisions) Act 1946 N.S.W.' "Whether the pleaded allegation of Vickery's verdict and judgment against the plaintiff sufficiently satisfied the statutory condition for a contribution claim so as to withstand the defendant's summons to strike it out."]

Ratio Decidendi

The pleaded verdict and judgment recovered by Vickery against the respondent at least substantially established that the respondent was a tort-feasor "liable in respect of that damage" within s. 5(1)(c), because liability so described includes liability ascertained by judgment. The challenged pleading therefore should not be struck out, although it may be desirable to amend it to make clear that the prior recovery was for tort.

Court Disposition

Appeal dismissed with costs.

Orders

  • ['Appeal dismissed with costs.']