Sutherland v Jatkar [2014] FCA 532

Sutherland v Jatkar [2014] FCA 532

A claim for contribution under s 23B of the Wrongs Act 1958 (Vic) is a contingent liability and a provable debt within s 82(1) of the Bankruptcy Act 1966 (Cth) and is not excluded by s 82(2), as it is not a claim for, or in the nature of, unliquidated damages. The proceeding also constitutes an abuse of process as the issues were previously determined by the Supreme Court of Victoria.

Parties
First Applicant: Dr Bruce Sutherland; Second Applicant: Joybelle Triangle Pty Ltd (ACN 005 126 036); Respondent: Dr Suhas Vishnupant Jatkar
Jurisdiction
Australia
Judgment Date
22 May 2014
Procedural Posture
Application for Declarations Under the Bankruptcy Act 1966 (cth) / Judgment After Hearing and Submissions
Outcome
Application dismissed with costs
Legal Topics
Provable Debt, Contribution Between Joint Tortfeasors, Jurisdiction, Abuse of Process
Bankruptcy Law Provable Debt Contribution Between Joint Tortfeasors Jurisdiction Abuse of Process

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Parties

Dr Bruce Sutherland

First Applicant

Joybelle Triangle Pty Ltd (ACN 005 126 036)

Second Applicant

Dr Suhas Vishnupant Jatkar

Respondent

Procedural Posture

Application for Declarations Under the Bankruptcy Act 1966 (cth) / Judgment After Hearing and Submissions

Legal Issues

  1. 1 Whether claim for contribution under s 23B of the Wrongs Act 1958 (Vic) is a provable debt under s 82(1) of the Bankruptcy Act 1966 (Cth)
  2. 2 Whether claim is a demand in the nature of unliquidated damages arising otherwise than by reason of contract, promise or breach of trust (s 82(2))
  3. 3 Whether the claim is within the exclusive jurisdiction of the Federal Court

Ratio Decidendi

A claim for contribution under s 23B of the Wrongs Act 1958 (Vic) is a contingent liability and a provable debt within s 82(1) of the Bankruptcy Act 1966 (Cth) and is not excluded by s 82(2), as it is not a claim for, or in the nature of, unliquidated damages. The proceeding also constitutes an abuse of process as the issues were previously determined by the Supreme Court of Victoria.

Court Disposition

Application dismissed with costs

Orders

  • Application dismissed
  • Applicants to pay the respondent's costs