Great Southern Funds Management Limited v Lysaght Building Solutions Pty Limited trading as Ranbuild & Anor [2009] NSWSC 974

Great Southern Funds Management Limited v Lysaght Building Solutions Pty Limited trading as Ranbuild & Anor [2009] NSWSC 974

It is not appropriate at this pleading stage to preclude the second defendant from bringing a Cross-Claim against the first defendant, as the cause of damage and relevant causal relationships have not been finally determined and must be more fully explored at a later stage.

Jurisdiction
Australia
Judgment Date
11 September 2009
Procedural Posture
Application for Leave to File Cross Claim / Interlocutory Decision on Procedural Leave
Outcome
Leave granted to second defendant to file Cross-Claim against first defendant.
Legal Topics
['pleading' 'proportionate Liability' 'misleading or Deceptive Conduct' 'causation' 'trade Practices Act']
['equity' 'commercial Law'] ['pleading' 'proportionate Liability' 'misleading or Deceptive Conduct' 'causation' 'trade Practices Act']

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Procedural Posture

Application for Leave to File Cross Claim / Interlocutory Decision on Procedural Leave

Legal Issues

  1. 1 ['Whether the second defendant should be precluded from bringing a Cross-Claim against the first defendant' "Ambit of plaintiff's claim and identification of cause of damage" 'Application of proportionate liability provisions']

Ratio Decidendi

It is not appropriate at this pleading stage to preclude the second defendant from bringing a Cross-Claim against the first defendant, as the cause of damage and relevant causal relationships have not been finally determined and must be more fully explored at a later stage.

Court Disposition

Leave granted to second defendant to file Cross-Claim against first defendant.

Orders

  • ['Leave granted to the second defendant to file and serve a Second Cross-Claim, Second Cross-Summons and a Commercial List Cross-Claim Statement in a form not substantially different from that initialled and dated 11 September 2009, by no later than 18 September 2009.' 'Leave granted to the second defendant to file...