Shrimp v Landmark Operations Limited [2007] FCA 1468

FEDERAL COURT OF AUSTRALIA

Shrimp v Landmark Operations Limited [2007] FCA 1468

PRACTICE AND PROCEDURE – Application for separate trials – where defendant on originating process filed cross-claim against third party – where third party filed several subsequent cross-claims – whether various cross-respondents are concurrent wrongdoers within the meaning of Part VIA Trade Practices Act 1974 (Cth) and Proportionate Liability Act 1990 (NT) irrespective of their legal liability to the applicant – whether common issues of fact between the claims weigh sufficiently against ordering separation of trials.

Held: Only cross-respondents legally liable to the applicant can be concurrent wrongdoers within the meaning of Part VIA Trade Practices Act 1974 (Cth) and Proportionate Liability Act 2005 (NT) – third cross-claimant's proposed defence raises genuine issues under proportionate liability legislation – common issues weigh sufficiently against ordering separation of trials – application dismissed.

PRACTICE AND PROCEDURE – Applications for leave to defend – where applications by multiple cross-respondents for leave to defend application on originating process – whether proposed defences raise genuine issues not pleaded by defendant – whether appropriate to grant leave to more than one cross-respondent.

Held: Proposed defences raise genuine issues not apparently pleaded by defendant – not appropriate to grant leave to more than one cross-claimant because proposed defences raised substantially same grounds – leave to defend granted to application first in time and pleading arguable interpretation of proportionate liability legislation.

Consumer Affairs and Fair Trading Act 1990 (NT) s 91 Corporate Law Economic Reform Program (Audit Reform and Corporate Disclosure) Act 2004 (Cth) Corporate Law Economic Reform Program (Audit Reform and Corporate Disclosure) Bill 2003 (Cth) Fair Trading Act 1989 (Qld) s 38, s 40 Federal Court of Australia Act 1976 (Cth) s 22 Federal Court Rules (Cth) O 5, r 12 Proportionate Liability Act 1990 (NT) Proportionate Liability Act 2005 (NT) ss 4, 6, 13, Sale of Goods Act 1972 (NT) Trade Practices Act 1974 (Cth) ss 52, 53, 82, 87CB, 87CD, 87CE, 87CG