25 Jun 2012
VAN LOGHEM INVESTMENTS LTD V SALTMARSH HC AK CIV-2008-404-5241
- Citation
- openlaw-be51645b_1247_454d_95e4_2c7b520501f6.pdf
- Court
- High Court
The review judge held that the formal proof on which the default judgment as to quantum rested did not contain adequate evidentiary analysis of causative potency or just and equitable apportionment under s 17: the Alvey report (prepared for plaintiffs) did not determine apportionment between concurrent tortfeasors and could not support ordering Saltmarsh to indemnify van Loghem for the full settlement; accordingly there had been or may have been a miscarriage of justice as to quantum and that aspect of Andrews J's judgment was set aside while the liability finding remained.