CSR Ltd v Amaca Pty Ltd

[2007] NSWCA 107

NSW Court of Appeal

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Interrogate

Catchwords

1. Partnership
2. › Contribution between partners
3. › Indemnity clause in partnership deed
4. › Whether indemnity covered claims arising from manufacturing activities managed by one partner
5. › Whether dissolution of partnership barred contribution claim
6. › Partnership Act 1892 (NSW), ss 10, 12
1. Partnership
2. › Joint and several liability
3. › Liability inchoate at date of dissolution
4. › Whether partnership liability under ss 10 and 12 of Partnership Act requires liability to be complete at date of dissolution
5. › Partnership Act 1892 (NSW), ss 10, 12
1. Contribution
2. › Co-tortfeasors and co-sureties
3. › Costs of defending third party's claim
4. › Whether paying party entitled to contribution for own costs reasonably incurred in defending third party's claim
5. › Law Reform (Miscellaneous Provisions) Act 1946 (NSW), s 5(1)(c)
1. Dust Diseases Tribunal
2. › Jurisdiction
3. › Cross-claims for contribution
4. › Whether Tribunal has jurisdiction over equitable claims for contribution
5. › Dust Diseases Tribunal Act 1989 (NSW), ss 10, 11, 12, 32

Quick Take

A co-tortfeasor or co-surety who settles a third party's claim is entitled to contribution not only for the settlement amount and the third party's costs, but also for its own costs reasonably incurred in defending the claim. Partnership liability under ss 10 and 12 of the Partnership Act 1892 (NSW) is not defeated by the fact that the tortious liability was inchoate at the date of dissolution of the partnership.