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

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

A right of action for contribution under s.5(1)(c) of the Law Reform (Miscellaneous Provisions) Act 1946-1951 (NSW) requires that the claimant's liability have been ascertained—judgment is sufficient to satisfy this requirement; thus, the pleading that the plaintiff suffered judgment is proper and necessary.

Parties
Appellant/defendant: Bitumen and Oil Refineries (Australia) Limited; Respondent/plaintiff: Commissioner for Government Transport
Jurisdiction
Australia
Judgment Date
02 March 1955
Procedural Posture
Appeal / Appeal From Supreme Court of New South Wales to High Court of Australia
Outcome
Appeal dismissed with costs.
Legal Topics
Joint Tortfeasors, Contribution Between Tortfeasors, Statutory Interpretation
Tort Law Civil Procedure Joint Tortfeasors Contribution Between Tortfeasors Statutory Interpretation

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Parties

Bitumen and Oil Refineries (Australia) Limited

Appellant/defendant

Commissioner for Government Transport

Respondent/plaintiff

Procedural Posture

Appeal / Appeal From Supreme Court of New South Wales to High Court of Australia

Legal Issues

  1. 1 Whether the right to contribution between joint tortfeasors under s.5(1)(c) of the Law Reform (Miscellaneous Provisions) Act 1946-1951 (NSW) arises only when the liability of the first tortfeasor is ascertained, such as by judgment.

Ratio Decidendi

A right of action for contribution under s.5(1)(c) of the Law Reform (Miscellaneous Provisions) Act 1946-1951 (NSW) requires that the claimant's liability have been ascertained—judgment is sufficient to satisfy this requirement; thus, the pleading that the plaintiff suffered judgment is proper and necessary.

Court Disposition

Appeal dismissed with costs.

Orders

  • Appeal dismissed with costs.