Landpower Australia Pty Ltd v Penske Power Systems Pty Ltd [2019] NSWCA 161

Landpower Australia Pty Ltd v Penske Power Systems Pty Ltd [2019] NSWCA 161

The Court held that the legislative regime for proportionate liability does not preclude a cross-claim if it is based on independent substantive causes of action against an alleged concurrent wrongdoer. The primary judge erred by summarily dismissing the cross-claim; summary disposal is inappropriate where factual and legal issues as to status as a concurrent wrongdoer and causation are unresolved and may require a trial.

Jurisdiction
Australia
Judgment Date
02 July 2019
Procedural Posture
Civil Appeal / Application for Leave to Appeal and Substantive Determination
Outcome
leave to appeal granted; appeal allowed; orders of Gibson DCJ set aside; orders as to costs made
Legal Topics
['summary Disposal' 'proportionate Liability' 'apportionable Claims' 'cross Claims' 'concurrent Wrongdoers']
['civil Procedure'] ['summary Disposal' 'proportionate Liability' 'apportionable Claims' 'cross Claims' 'concurrent Wrongdoers']

Case Brief

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Procedural Posture

Civil Appeal / Application for Leave to Appeal and Substantive Determination

Legal Issues

  1. 1 ['Whether a defendant who raises a proportionate liability defence and names concurrent wrongdoers may still bring cross-claims against such wrongdoers' "Whether the primary judge erred in summarily dismissing Landpower's cross-claim based on independent causes of action against Penske"]

Ratio Decidendi

The Court held that the legislative regime for proportionate liability does not preclude a cross-claim if it is based on independent substantive causes of action against an alleged concurrent wrongdoer. The primary judge erred by summarily dismissing the cross-claim; summary disposal is inappropriate where factual and legal issues as to status as a concurrent wrongdoer and causation are unresolved and may require a trial.

Court Disposition

leave to appeal granted; appeal allowed; orders of Gibson DCJ set aside; orders as to costs made

Orders

  • ['Leave to appeal granted.' 'Appeal allowed with costs.' 'Orders of Gibson DCJ dismissing the Amended Cross-Claim set aside.' "Order that Penske pay Landpower's costs of the notice of motion in the District Court." 'Order that Landpower pay the costs (if any) thrown away by the amendment.']