Landpower Australia Pty Ltd v Penske Power Systems Pty Ltd

[2019] NSWCA 161

NSW Court of Appeal

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Interrogate

Catchwords

1. Practice and Procedure
2. › Summary disposal
3. › Dismissal of cross-claim
4. › Cross-claim against named concurrent wrongdoer
5. › Whether proportionate liability regime precludes cross-claims based on independent causes of action
6. › Civil Liability Act 2002 (NSW), ss 34, 35, 36
7. › Competition and Consumer Act 2010 (Cth), ss 87CB, 87CD(1)
1. Civil Liability
2. › Proportionate liability
3. › Apportionable claims
4. › Concurrent wrongdoers
5. › Cross-claims for contribution or indemnity
6. › Whether s 36 of the Civil Liability Act 2002 (NSW) bars all cross-claims or only claims for contribution
7. › Civil Liability Act 2002 (NSW), ss 34, 35, 36
8. › Law Reform (Miscellaneous Provisions) Act 1946 (NSW), s 5
1. Civil Liability
2. › Proportionate liability
3. › Apportionable claims
4. › Whether defendant who names concurrent wrongdoers may bring cross-claim based on independent causes of action against named concurrent wrongdoer
5. › Whether cross-claim should be summarily dismissed where questions of apportionability and concurrent wrongdoer status remain to be determined at trial

Quick Take

A defendant who raises a proportionate liability defence and names concurrent wrongdoers may still bring cross-claims against those named concurrent wrongdoers based on independent causes of action such as breach of contract, negligence, or misleading or deceptive conduct; only cross-claims for contribution under s 5 of the LRMPA are barred.