Eraring Energy v Babcock Australia Ltd [2004] NSWDDT 5

Eraring Energy v Babcock Australia Ltd [2004] NSWDDT 5

The settlement between parties within the class of possible contributors under s 5 of the Law Reform (Miscellaneous Provisions) Act 1946 does not affect the rights of others in that class, and the potential problem described in James Hardie & Coy Pty Ltd v Seltsam does not arise in these circumstances. Therefore, orders giving effect to the settlement should be made.

Jurisdiction
Australia
Judgment Date
22 March 2004
Procedural Posture
Cross Claim / Judgment on Settlement and Orders
Outcome
judgment for the third cross-defendant (Amaca Pty Ltd) in accordance with the settlement
Legal Topics
['contribution Between Tortfeasors' 'settlement Agreements' 'non Disclosure of Settlement Terms']
['tort' 'civil Procedure'] ['contribution Between Tortfeasors' 'settlement Agreements' 'non Disclosure of Settlement Terms']

Case Brief

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Procedural Posture

Cross Claim / Judgment on Settlement and Orders

Legal Issues

  1. 1 ['Whether the settlement between Eraring Energy and Amaca Pty Ltd affects the rights of other cross-defendants to claim contribution' 'Whether the orders proposed would prejudice existing contribution claims under the Law Reform (Miscellaneous Provisions) Act 1946']

Ratio Decidendi

The settlement between parties within the class of possible contributors under s 5 of the Law Reform (Miscellaneous Provisions) Act 1946 does not affect the rights of others in that class, and the potential problem described in James Hardie & Coy Pty Ltd v Seltsam does not arise in these circumstances. Therefore, orders giving effect to the settlement should be made.

Court Disposition

judgment for the third cross-defendant (Amaca Pty Ltd) in accordance with the settlement

Orders

  • ['Verdict and judgment for the third cross-defendant (Amaca Pty Ltd) in accordance with term 1 of the terms of settlement signed by the solicitors for the parties' 'Noted agreement as to non-disclosure (term 3 of settlement)']