The Owners Strata Plan No. 62660 v Jacksons Landing Development Pty Limited [2011] NSWSC 415

The Owners Strata Plan No. 62660 v Jacksons Landing Development Pty Limited [2011] NSWSC 415

The contribution cross-claims should not be summarily dismissed because it was reasonably arguable that the consent judgment against Harris Page was not a judgment given under Part 4 of the Civil Liability Act 2002 as a concurrent wrongdoer, no determination under s 35(1) had been made of Harris Page's just proportion of responsibility, and any issue estoppel arising from the consent judgments did not bind Harris Page and the Lend Lease Group companies inter se on the contribution claims. Accordingly, it was not clear that s 36 barred the contribution claims or that no reasonable cause of action was disclosed.

Jurisdiction
Australia
Judgment Date
12 May 2011
Procedural Posture
Application by the Fourth Defendant to Dismiss Cross Claims for Contribution Under S 5 of the Law Reform (miscellaneous Provisions) Act 1946 / Notice of Motion Dated 16 March 2011 for Summary Dismissal Under UCPR R 13.4(1)(b)
Outcome
Harris Page's notice of motion dated 16 March 2011 dismissed with costs.
Legal Topics
['summary Dismissal' 'reasonable Cause of Action' 'concurrent Wrongdoer' 'apportionable Claim' 'consent Judgment' 'issue Estoppel']
['civil Procedure' 'civil Liability' 'contribution' 'proportionate Liability'] ['summary Dismissal' 'reasonable Cause of Action' 'concurrent Wrongdoer' 'apportionable Claim' 'consent Judgment' 'issue Estoppel']

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Procedural Posture

Application by the Fourth Defendant to Dismiss Cross Claims for Contribution Under S 5 of the Law Reform (miscellaneous Provisions) Act 1946 / Notice of Motion Dated 16 March 2011 for Summary Dismissal Under UCPR R 13.4(1)(b)

Legal Issues

  1. 1 ['Whether the cross-claims for contribution against Harris Page disclosed no reasonable cause of action and should be dismissed under UCPR r 13.4(1)(b).' "Whether s 36 of the Civil Liability Act 2002 barred the Lend Lease Group companies' claims for contribution against Harris Page." 'Whether the consent judgment against Harris Page was a judgment given under Part 4 of the Civil Liability Act 2002 as a concurrent wrongdoer in relation to an apportionable claim.' 'Whether issue estoppels arising from consent judgments established that Harris Page and the Lend Lease Group companies were concurrent wrongdoers.']

Ratio Decidendi

The contribution cross-claims should not be summarily dismissed because it was reasonably arguable that the consent judgment against Harris Page was not a judgment given under Part 4 of the Civil Liability Act 2002 as a concurrent wrongdoer, no determination under s 35(1) had been made of Harris Page's just proportion of responsibility, and any issue estoppel arising from the consent judgments did not bind Harris Page and the Lend Lease Group companies inter se on the contribution claims. Accordingly, it was not clear that s 36 barred the contribution claims or that no reasonable cause of action was disclosed.

Court Disposition

Harris Page's notice of motion dated 16 March 2011 dismissed with costs.

Orders

  • ["Harris Page's notice of motion dated 16 March 2011 should be dismissed with costs."]