ROBINSON & ANOR v BRENNAN & POWELL PTY LTD [1999] NSWCA 85

ROBINSON & ANOR v BRENNAN & POWELL PTY LTD [1999] NSWCA 85

The trial judge's apportionment of 80 percent responsibility to the appellants and 20 percent to the respondent disclosed no appealable error because the appellants' failure to maintain or ensure public liability cover was of greater culpability and causal importance than the respondent's failure to warn. However, the respondent should have been ordered to contribute to the defendant body corporate's costs of defending the plaintiff's action consistently with its 20 percent contribution responsibility, and the formal District Court orders required correction.

Jurisdiction
Australia
Judgment Date
04 May 1999
Procedural Posture
Appeal From District Court Negligence and Contribution Proceedings / Court of Appeal
Outcome
Appeal allowed; apportionment challenge dismissed but costs and contribution orders corrected.
Legal Topics
['contributory Negligence' 'apportionment of Damages' 'contribution and Indemnity' 'duty of Care of Insurance Agents' 'review of Apportionment on Appeal' 'appealable Error']
['negligence' 'civil Procedure' 'costs'] ['contributory Negligence' 'apportionment of Damages' 'contribution and Indemnity' 'duty of Care of Insurance Agents' 'review of Apportionment on Appeal' 'appealable Error']

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Procedural Posture

Appeal From District Court Negligence and Contribution Proceedings / Court of Appeal

Legal Issues

  1. 1 ['Whether the trial judge made an appealable error in apportioning responsibility 80 percent to the appellants and 20 percent to the respondent.' "Whether the respondent should contribute to the defendant body corporate's costs of defending the action brought by the plaintiff."]

Ratio Decidendi

The trial judge's apportionment of 80 percent responsibility to the appellants and 20 percent to the respondent disclosed no appealable error because the appellants' failure to maintain or ensure public liability cover was of greater culpability and causal importance than the respondent's failure to warn. However, the respondent should have been ordered to contribute to the defendant body corporate's costs of defending the plaintiff's action consistently with its 20 percent contribution responsibility, and the formal District Court orders required correction.

Court Disposition

Appeal allowed; apportionment challenge dismissed but costs and contribution orders corrected.

Orders

  • ['Appeal allowed.' "Set aside paragraph 4 of the judgment of the District Court of 31 October 1997 and substitute: the defendant recover against Brennan & Powell Pty Limited $100,000 and Brennan & Powell Pty Limited pay the defendant's costs of the action between the plaintiff and the defendant and the costs of the...