Stratti v Stratti [2000] NSWCA 358

Stratti v Stratti [2000] NSWCA 358

A partner who has already been fully indemnified by insurers in respect of a partnership liability cannot enforce an additional indemnity or contribution from the partnership or other partner under s 24(2) of the Partnership Act 1892 (NSW), as to allow otherwise would result in double indemnity, contrary to established legal principle.

Jurisdiction
Australia
Judgment Date
14 December 2000
Procedural Posture
Civil Appeal / Appeal From Dismissal of Cross Claim in District Court
Outcome
Appeal dismissed with costs.
Legal Topics
['partnership Liability' 'contribution Between Partners' 'indemnity' 'subrogation' 'double Insurance']
['partnership Law' 'insurance Law' 'torts'] ['partnership Liability' 'contribution Between Partners' 'indemnity' 'subrogation' 'double Insurance']

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Procedural Posture

Civil Appeal / Appeal From Dismissal of Cross Claim in District Court

Legal Issues

  1. 1 ['Whether a partner who has paid a partnership debt and has been fully indemnified by insurers can claim contribution from another partner under s 24(2)(a) of the Partnership Act 1892 (NSW).']

Ratio Decidendi

A partner who has already been fully indemnified by insurers in respect of a partnership liability cannot enforce an additional indemnity or contribution from the partnership or other partner under s 24(2) of the Partnership Act 1892 (NSW), as to allow otherwise would result in double indemnity, contrary to established legal principle.

Court Disposition

Appeal dismissed with costs.

Orders

  • ['Appeal dismissed.' "Appellant to pay respondent's costs."]