Austotel Management Pty Ltd & Anor v Jamieson Hugh H & Ors [1995] FCA 1052

Austotel Management Pty Ltd & Anor v Jamieson Hugh H & Ors [1995] FCA 1052

The Court should exercise its discretion to allow respondents leave to file a cross-claim for contribution against Tooheys Limited, including in respect of claims under s. 52 of the Trade Practices Act and s. 5(1)(c) of the Law Reform Act, as the sustainability of such claims should be determined upon evidence at a full hearing and not rejected in limine.

Jurisdiction
Australia
Judgment Date
20 December 1995
Procedural Posture
Interlocutory Motion / Leave to File Cross Claim; Orders Granted
Outcome
Leave granted to file and serve cross-claim; costs in the cause.
Legal Topics
['joinder of Cross Respondent' 'contribution Between Wrongdoers' 'section 52 Trade Practices Act' 'section 5(1)(c) Law Reform (miscellaneous Provisions) Act 1946 (nsw)' 'equitable Contribution']
['practice and Procedure' 'trade Practices' 'equity'] ['joinder of Cross Respondent' 'contribution Between Wrongdoers' 'section 52 Trade Practices Act' 'section 5(1)(c) Law Reform (miscellaneous Provisions) Act 1946 (nsw)' 'equitable Contribution']

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Procedural Posture

Interlocutory Motion / Leave to File Cross Claim; Orders Granted

Legal Issues

  1. 1 ['Whether s. 5(1)(c) of the Law Reform (Miscellaneous Provisions) Act 1946 (NSW) applies to claims under s. 52 of the Trade Practices Act 1974' 'Whether equitable contribution is available between a respondent liable for contravention of s. 52 and another party in contravention' 'Whether the Court should exercise its discretion to allow joinder of cross-respondent']

Ratio Decidendi

The Court should exercise its discretion to allow respondents leave to file a cross-claim for contribution against Tooheys Limited, including in respect of claims under s. 52 of the Trade Practices Act and s. 5(1)(c) of the Law Reform Act, as the sustainability of such claims should be determined upon evidence at a full hearing and not rejected in limine.

Court Disposition

Leave granted to file and serve cross-claim; costs in the cause.

Orders

  • ['The respondents have leave to file and serve a cross-claim generally in the form attached to the notice of motion, subject to any order in respect of particular formal objections the Court may make at the next directions hearing, fixed for 6 February 1996.' 'The costs of and incidental to the motion be costs in...