CSR Ltd v Amaca Pty Ltd [2007] NSWCA 107

CSR Ltd v Amaca Pty Ltd [2007] NSWCA 107

The appeal was dismissed because Amaca Pty Limited's contribution claim succeeded under the partnership deed indemnity and under ss 10 and 12 of the Partnership Act 1892. The indemnity was wide enough to cover the claim arising from manufacture and management of K-Lite, the deed of dissolution was not before the Court, and the Partnership Act argument was not defeated by the liability being incomplete at dissolution. The reasonableness of the settlement did not arise under the contractual claim, and CSR Limited was also liable to pay 50% of Amaca Pty Limited's reasonable costs of defending Mr Doughan's action.

Jurisdiction
Australia
Judgment Date
08 May 2007
Procedural Posture
Appeal as of Right Under S 32 of the Dust Diseases Tribunal Act 1989 From a Dust Diseases Tribunal of NSW Decision on a Cross Claim for Contribution / Court of Appeal Judgment
Outcome
The appeal is dismissed with costs.
Legal Topics
['partner Contribution' 'partnership Deed Indemnity' 'co Tortfeasor Contribution' 'reasonableness of Settlement' 'recovery of Defence Costs']
['partnership' 'contribution' 'tort' 'contract' 'dust Diseases Litigation'] ['partner Contribution' 'partnership Deed Indemnity' 'co Tortfeasor Contribution' 'reasonableness of Settlement' 'recovery of Defence Costs']

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Procedural Posture

Appeal as of Right Under S 32 of the Dust Diseases Tribunal Act 1989 From a Dust Diseases Tribunal of NSW Decision on a Cross Claim for Contribution / Court of Appeal Judgment

Legal Issues

  1. 1 ["Whether the partnership deed indemnity required CSR Limited to contribute to Amaca Pty Limited's liability to Mr Doughan." 'Whether the dissolution of the partnership barred the contribution claim.' 'Whether ss 10 and 12 of the Partnership Act 1892 supported contribution for a partnership liability that was not complete at the date of dissolution.' 'Whether the settlement of $1,400,000 with Mr Doughan was unreasonable or excessive.' "Whether Amaca Pty Limited could recover 50% of its own costs of defending Mr Doughan's claim."]

Ratio Decidendi

The appeal was dismissed because Amaca Pty Limited's contribution claim succeeded under the partnership deed indemnity and under ss 10 and 12 of the Partnership Act 1892. The indemnity was wide enough to cover the claim arising from manufacture and management of K-Lite, the deed of dissolution was not before the Court, and the Partnership Act argument was not defeated by the liability being incomplete at dissolution. The reasonableness of the settlement did not arise under the contractual claim, and CSR Limited was also liable to pay 50% of Amaca Pty Limited's reasonable costs of defending Mr Doughan's action.

Court Disposition

The appeal is dismissed with costs.

Orders

  • ['The appeal is dismissed with costs.']