Baker v Sheridan (No 3) [2005] NSWSC 155

Baker v Sheridan (No 3) [2005] NSWSC 155

The cross-claimant, having discharged joint liabilities under the deed of residence, is entitled to contribution from the third defendant for half the total amounts paid, as the claim is well founded and supported by evidence.

Jurisdiction
Australia
Judgment Date
10 March 2005
Procedural Posture
Cross Claim / Judgment
Outcome
verdict for cross-claimant on second cross-claim
Legal Topics
['contribution' 'joint Liability' 'deed of Residence']
['equity'] ['contribution' 'joint Liability' 'deed of Residence']

Case Brief

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Procedural Posture

Cross Claim / Judgment

Legal Issues

  1. 1 ['Is the second defendant entitled to contribution from the third defendant for payments made under joint liability in the deed of residence?']

Ratio Decidendi

The cross-claimant, having discharged joint liabilities under the deed of residence, is entitled to contribution from the third defendant for half the total amounts paid, as the claim is well founded and supported by evidence.

Court Disposition

verdict for cross-claimant on second cross-claim

Orders

  • ['Verdict on the second cross-claim for the cross-claimant Mr Rigg']