St George Bank Ltd v M J K Pty Ltd [1999] FCA 1752

St George Bank Ltd v M J K Pty Ltd [1999] FCA 1752

Leave should be granted to file and serve a cross-claim by the respondents against the accountant seeking contribution under the Wrongs Act 1936 (SA), but not in respect of direct claims for damages for tort or misleading or deceptive conduct, as no actual loss has yet been suffered by the respondents. Claims for contribution between tortfeasors are permissible and related to the subject of the main proceedings, but other direct claims would be premature.

Jurisdiction
Australia
Judgment Date
21 December 1999
Procedural Posture
Application for Leave to File Cross Claim / Interlocutory Decision
Outcome
Leave to file and serve cross-claim for contribution granted with conditions; further consideration adjourned.
Legal Topics
['cross Claims' 'leave to Serve Cross Claim' 'contribution Between Tortfeasors' 'misleading or Deceptive Conduct' 'negligence']
['practice and Procedure' 'torts' 'trade Practices'] ['cross Claims' 'leave to Serve Cross Claim' 'contribution Between Tortfeasors' 'misleading or Deceptive Conduct' 'negligence']

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Procedural Posture

Application for Leave to File Cross Claim / Interlocutory Decision

Legal Issues

  1. 1 ['Whether leave should be granted to the respondents to file and serve a cross-claim against Liubinskas Bowyer Pty Ltd for contribution under the Wrongs Act 1936 (SA)' "Whether the respondents' proposed cross-claim for damages for negligence and misleading or deceptive conduct can be maintained" 'Whether the prosecution of the cross-claim will cause injustice to the applicant']

Ratio Decidendi

Leave should be granted to file and serve a cross-claim by the respondents against the accountant seeking contribution under the Wrongs Act 1936 (SA), but not in respect of direct claims for damages for tort or misleading or deceptive conduct, as no actual loss has yet been suffered by the respondents. Claims for contribution between tortfeasors are permissible and related to the subject of the main proceedings, but other direct claims would be premature.

Court Disposition

Leave to file and serve cross-claim for contribution granted with conditions; further consideration adjourned.

Orders

  • ['Further consideration of proceedings adjourned.' 'Any party at liberty to bring the matter back on for further consideration on seven days notice.' 'Respondents directed to redraft proposed cross-claim to remove direct claims for tortious or misleading or deceptive conduct before filing.']