Colagrossi v Transport for NSW [2019] NSWSC 493

Colagrossi v Transport for NSW [2019] NSWSC 493

The proportionate liability defence raises a serious and difficult question of statutory interpretation which is arguable and should be resolved at trial. It is inappropriate to finally determine its viability at interlocutory stage; therefore, the amended defence including proportionate liability should be allowed to stand.

Parties
Plaintiff: Rosa Maria Colagrossi; Defendant and First Cross Claimant: Transport for NSW; First Cross Defendant: Altrac Light Rail 1 Pty Ltd and Altrac Light Rail 2 Pty Ltd and Altrac Light Rail 3 Pty Ltd trading as Altrac Light Rail Partnership; Second Cross Defendant: Acciona Infrastructure Australia Pty Ltd
Jurisdiction
Australia
Judgment Date
03 May 2019
Procedural Posture
Representative Proceedings (class Action) / Interlocutory Decision on Notice of Motion: Confirmation of Amended Defence and Costs Order
Outcome
Orders made confirming filing of amended defence and awarding costs of motion to defendant.
Legal Topics
Pleadings, Proportionate Liability, Public Nuisance, Private Nuisance, Interlocutory Applications
Civil Procedure Tort Law Pleadings Proportionate Liability Public Nuisance Private Nuisance Interlocutory Applications

Case Brief

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Parties

Rosa Maria Colagrossi

Plaintiff

Transport for NSW

Defendant and First Cross Claimant

Altrac Light Rail 1 Pty Ltd and Altrac Light Rail 2 Pty Ltd and Altrac Light Rail 3 Pty Ltd trading as Altrac Light Rail Partnership

First Cross Defendant

Acciona Infrastructure Australia Pty Ltd

Second Cross Defendant

Procedural Posture

Representative Proceedings (class Action) / Interlocutory Decision on Notice of Motion: Confirmation of Amended Defence and Costs Order

Legal Issues

  1. 1 Whether claims for public and private nuisance constitute 'apportionable claims' under Part 4 of the Civil Liability Act 2002
  2. 2 Whether proportionate liability defence can be pleaded at this stage of proceedings
  3. 3 Interpretation of s 34(1)(a) Civil Liability Act 2002

Ratio Decidendi

The proportionate liability defence raises a serious and difficult question of statutory interpretation which is arguable and should be resolved at trial. It is inappropriate to finally determine its viability at interlocutory stage; therefore, the amended defence including proportionate liability should be allowed to stand.

Court Disposition

Orders made confirming filing of amended defence and awarding costs of motion to defendant.

Orders

  • Order that the Amended Defence filed on 5 April 2019 be confirmed.
  • Plaintiff to pay the defendant's costs of the Motion.