I&L Securities v Landmark White [1999] NSWSC 1012

New South Wales Supreme Court CITATION : I&L Securities v Landmark White [1999] NSWSC 1012 CURRENT JURISDICTION : Equity Division - Commercial List FILE NUMBER(S) : 50063/1999 HEARING DATE(S) : 24th September 1999 JUDGMENT DATE : 8 October 1999

PARTIES : I & L Securities Pty Limited - Plaintiff Landmark White (NSW) Pty Limited - Defendant JUDGMENT OF : Rolfe J

COUNSEL : Mr G.A. Sirtes - Plaintiff Mr S.R. Donaldson - Defendant SOLICITORS : Deacons Graham & James - Plaintiff Phillips Fox - Defendant CATCHWORDS : Application for leave to file a cross-claim for contribution pursuant to s.5 of the Law Reform (Miscellaneous Provisions) Act 1946 against directors and solicitors (being the same people) of the plaintiff company. Application opposed on the ground that defendant had pleaded contributory negligence against the plaintiff and the defendant could not in those circumstances claim contribution as this would amount to "double dipping": Daniels & Ors v Anderson & Ors (1995) 37 NSWLR 438 relied on. Held that the cross-claim not futile, the application of the relevant principles depending on the findings of fact.; Also held that a claim for contribution could be made in respect of an action for damages under the Trade Practices Act 1974. Conflicting authorities noted: Australia and New Zealand Banking Group Limited v Turnbull and Partners Limited (1991) 106 ALR 115; Bailkower v Acohs Pty Limited & Ors (1995) 154 ALR 534; South Cross Airlines Holdings Limited v Arthur Andersen & Co & Ors (1998) 280 FCA (27 March 1998) and Wickstead & Ors v Browne (1992) 30 NSWLR 1 noted: matter to be determined at the trial.; Held application was not futile and should be granted. DECISION : Application granted.