(Re Doughan) Amaca Pty Ltd v CSR Ltd [2006] NSWDDT 4

(Re Doughan) Amaca Pty Ltd v CSR Ltd [2006] NSWDDT 4

Amaca was entitled to a 50% contribution from CSR Ltd for the judgment sum and costs, as liability arose from acts during the partnership and the settlement with the plaintiff was reasonable. The partnership deed and Partnership Act supported joint and several liability, and assessment of damages for loss of earning capacity may properly include loss of business profits attributable to the plaintiff's unique skills. The reasonable settlement justified equitable division.

Jurisdiction
Australia
Judgment Date
23 February 2006
Procedural Posture
Cross Claim / Judgment
Outcome
judgment for cross-claimant
Legal Topics
['indemnity Clauses' 'contribution Between Tortfeasors' 'reasonableness of Settlements' 'loss of Earning Capacity' 'assessment of Damages']
['tort Law' 'contract Law' 'partnership Law'] ['indemnity Clauses' 'contribution Between Tortfeasors' 'reasonableness of Settlements' 'loss of Earning Capacity' 'assessment of Damages']

Case Brief

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Procedural Posture

Cross Claim / Judgment

Legal Issues

  1. 1 ['Is Amaca Pty Ltd entitled to indemnity or contribution from CSR Ltd for a judgment paid to the plaintiff resulting from exposure to asbestos-containing K-Lite blocks?' 'Does the partnership deed or Partnership Act 1892 provide for post-dissolution liabilities?' 'Was the settlement with the plaintiff reasonable such that contribution is payable by CSR Ltd?' 'How should loss of earning capacity and business profits be assessed in damages?']

Ratio Decidendi

Amaca was entitled to a 50% contribution from CSR Ltd for the judgment sum and costs, as liability arose from acts during the partnership and the settlement with the plaintiff was reasonable. The partnership deed and Partnership Act supported joint and several liability, and assessment of damages for loss of earning capacity may properly include loss of business profits attributable to the plaintiff's unique skills. The reasonable settlement justified equitable division.

Court Disposition

judgment for cross-claimant

Orders

  • ['Verdict and judgment for Amaca against CSR in the sum of $720,539.72' "CSR Ltd to pay 50% of Amaca's costs of resisting the plaintiff's action, on an indemnity basis" 'CSR Ltd to pay the costs of the cross-claim on an indemnity basis from 6 October 2005' 'Liberty to apply regarding future reimbursement claims to...