ML and BK Bush v Tyrepower Limited [2020] NSWDC 36

ML and BK Bush v Tyrepower Limited [2020] NSWDC 36

Because s151AD WCA prevents WBPL from being liable for damages for pure mental harm to the plaintiffs, Tyrepower cannot establish that WBPL would, if sued, have been liable to the plaintiffs. Therefore, Tyrepower is not entitled to bring a cross-claim for contribution against WBPL under s5(1)(c) LRMPA, and the cross-claim must be summarily dismissed.

Parties
Plaintiffs: ML and BK Bush; Defendant/cross Claimant: Tyrepower Limited; Cross Defendant: Wayne Bahr Pty Ltd
Jurisdiction
Australia
Judgment Date
06 March 2020
Procedural Posture
Civil / Summary Dismissal Application (first Cross Claim)
Outcome
First Cross-Claim dismissed; costs ordered against Tyrepower; liberty to apply for different cost orders within 7 days.
Legal Topics
Summary Dismissal, Contribution, Indemnity, Pure Mental Harm
Civil Procedure Summary Dismissal Contribution Indemnity Pure Mental Harm

Case Brief

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Parties

ML and BK Bush

Plaintiffs

Tyrepower Limited

Defendant/cross Claimant

Wayne Bahr Pty Ltd

Cross Defendant

Procedural Posture

Civil / Summary Dismissal Application (first Cross Claim)

Legal Issues

  1. 1 Whether Tyrepower as cross-claimant can seek contribution or indemnity from WBPL pursuant to s5(1)(c) Law Reform (Miscellaneous Provisions) Act 1946 in circumstances where s151AD Workers Compensation Act 1987 operates to deny liability of WBPL to the plaintiffs for pure mental harm.

Ratio Decidendi

Because s151AD WCA prevents WBPL from being liable for damages for pure mental harm to the plaintiffs, Tyrepower cannot establish that WBPL would, if sued, have been liable to the plaintiffs. Therefore, Tyrepower is not entitled to bring a cross-claim for contribution against WBPL under s5(1)(c) LRMPA, and the cross-claim must be summarily dismissed.

Court Disposition

First Cross-Claim dismissed; costs ordered against Tyrepower; liberty to apply for different cost orders within 7 days.

Orders

  • The First Cross-Claim is dismissed.
  • Tyrepower is to pay Wayne Bahr Pty Ltd's costs of the proceedings on the ordinary basis.