Reinhold v New South Wales Lotteries Corporation (No 2) [2008] NSWSC 187

Reinhold v New South Wales Lotteries Corporation (No 2) [2008] NSWSC 187

Each defendant's liability for Mr Reinhold's economic loss was apportioned under the Civil Liability Act based on comparative responsibility: Lotteries found 90% responsible ($1,800,000 plus interest), Newsagents 10% ($200,000 plus interest); each party's departure from the standard of care and capacity to prevent the loss informed apportionment; cross-claims between defendants for contribution or indemnity were barred by statute.

Parties
Plaintiff: Werner Reinhold; First Defendant: New South Wales Lotteries Corporation; Second Defendant: Graeme John Baker; Third Defendant: Julie Anne Baker
Jurisdiction
Australia
Judgment Date
07 March 2008
Procedural Posture
Tort and Contract Claim for Economic Loss / Principal Judgment (liability Apportionment and Orders)
Outcome
Judgment for plaintiff with apportionment and costs; limitation of liability for defendants under Civil Liability Act; cross-claims for contribution or indemnity dismissed.
Legal Topics
Proportionate Liability, Breach of Contract, Negligence, Apportionment of Liability, Contribution and Indemnity, Economic Loss, Concurrent Wrongdoers
Torts Contracts Equity Civil Procedure Proportionate Liability Breach of Contract Negligence Apportionment of Liability +3 more

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Parties

Werner Reinhold

Plaintiff

New South Wales Lotteries Corporation

First Defendant

Graeme John Baker

Second Defendant

Julie Anne Baker

Third Defendant

Procedural Posture

Tort and Contract Claim for Economic Loss / Principal Judgment (liability Apportionment and Orders)

Legal Issues

  1. 1 Whether the claims are 'apportionable claims' under Civil Liability Act 2002
  2. 2 Whether defendants are 'concurrent wrongdoers' under Civil Liability Act 2002
  3. 3 Principles to be applied in apportioning liability among concurrent wrongdoers

Ratio Decidendi

Each defendant's liability for Mr Reinhold's economic loss was apportioned under the Civil Liability Act based on comparative responsibility: Lotteries found 90% responsible ($1,800,000 plus interest), Newsagents 10% ($200,000 plus interest); each party's departure from the standard of care and capacity to prevent the loss informed apportionment; cross-claims between defendants for contribution or indemnity were barred by statute.

Court Disposition

Judgment for plaintiff with apportionment and costs; limitation of liability for defendants under Civil Liability Act; cross-claims for contribution or indemnity dismissed.

Orders

  • Declare liability of New South Wales Lotteries Corporation to plaintiff limited to $1,800,000 plus $414,100.22 interest.
  • Declare liability of Graeme John Baker and Julie Anne Baker to plaintiff limited to $200,000 plus $46,011.14 interest.