Grundy, Arthur Henry & Anor v Lewis, John Bertram & Ors [1996] FCA 100

Grundy, Arthur Henry & Anor v Lewis, John Bertram & Ors [1996] FCA 100

The damages allegedly caused by the first, second, and third respondents and those allegedly caused by the solicitors are not the same; they are independent and occur at different times. The proposed claims for joinder and contribution do not disclose a cause of action and are not attended with sufficient doubt nor would their refusal cause substantial injustice.

Jurisdiction
Australia
Judgment Date
29 February 1996
Procedural Posture
Application for Leave to Appeal / Leave to Appeal Against Interlocutory Refusal of Joinder and Cross Claims
Outcome
Leave to appeal refused; application dismissed
Legal Topics
['leave to Appeal' 'joinder of Parties' 'contribution and Indemnity' 'negligence' 'misrepresentation']
['practice and Procedure' 'torts'] ['leave to Appeal' 'joinder of Parties' 'contribution and Indemnity' 'negligence' 'misrepresentation']

Case Brief

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Procedural Posture

Application for Leave to Appeal / Leave to Appeal Against Interlocutory Refusal of Joinder and Cross Claims

Legal Issues

  1. 1 ['Whether judgment under consideration was attended with sufficient doubt to warrant leave to appeal' 'Whether substantial injustice would result if leave refused' 'Whether proposed joinder of the State of Queensland and cross-claims disclosed a cause of action' 'Whether claims for contribution under s5(c) Law Reform (Tortfeasors Contribution, Contributory Negligence and Division of Chattels) Act 1952 (Qld) involved the same damage']

Ratio Decidendi

The damages allegedly caused by the first, second, and third respondents and those allegedly caused by the solicitors are not the same; they are independent and occur at different times. The proposed claims for joinder and contribution do not disclose a cause of action and are not attended with sufficient doubt nor would their refusal cause substantial injustice.

Court Disposition

Leave to appeal refused; application dismissed

Orders

  • ['The notice of motion filed on 29 November 1995 by the first, second and third respondents be dismissed.' 'The first, second and third respondents pay the costs of each of the respondents to the notice of motion, including reserved costs, to be taxed if not agreed.']