CSR Limited v. Page & Ors [2002] NSWCA 365

New South Wales Court of Appeal

CITATION : CSR Limited v. Page & Ors [2002] NSWCA 365 revised - 8/11/2002 FILE NUMBER(S) : CA 40333/02 HEARING DATE(S) : 5 November 2002 JUDGMENT DATE : 5 November 2002

CSR Limited - appellant PARTIES : Gregory Andrew Page - 1st respondent Cedroy Pty. Limited - 2nd respondent Joseph Camilleri - 3rd respondent JUDGMENT OF : Giles JA at 1, 25, 27; Hodgson JA at 2; Campbell J at 26

LOWER COURT JURISDICTION : District Court LOWER COURT DC 283/01 FILE NUMBER(S) : LOWER COURT Delaney DCJ JUDICIAL OFFICER :

Mr. P. Deakin QC for appellant COUNSEL : Mr. C. Charteris SC for 1st and 2nd respondents Submitting appearance for 3rd respondent Windeyer Dibbs, Sydney for appellant SOLICITORS : Ferguson Holz, Sydney for 1st and 2nd respondents Teakle Ormsby, George, Parramatta for 3rd respondent CATCHWORDS : TORT - Joint tort feasers - Contribution - Dismissal of proceedings against one defendant for non-compliance with Motor Accidents Act 1988 - Whether contribution could be claimed from that defendant. LEGISLATION CITED : Law Reform (Miscellaneous Provisions) Act 1946 s.5(1) Motor Accidents Act 1988 ss.41, 52 Brambles Constructions Pty. Ltd. v. Helmers (1965) 114 CLR 213 CASES CITED: Hart v. Hall & Pickles Limited [1969] 1 QB 405 James Hardie & Co. Pty. Ltd. v. Seltam Pty. Ltd. (1998) 196 CLR 53 Koc v. Kosrawi (2000) 32 MVR 475 DECISION : 1. Appeal allowed. 2. Orders of the primary judge of 16 April 2002 set aside in lieu thereof leave to the appellant to file a cross claim against the first and second respondents in the form appearing at pp 27 to 30 of the Red Book, and the first and second respondents to pay the appellant's costs of the application for leave to put on that cross claim. 3. The first and second respondents to pay the appellant's costs of the appeal and application for leave, and to have a Suitors Fund certificate if otherwise entitled.