NSW Caselaw
New South Wales Supreme Court
CITATION : Dymocks v Capral [2010] NSWSC 195
HEARING DATE(S) : 11/3/10 JURISDICTION : Equity Division Technology and Construction List
JUDGMENT OF : McDougall J at 1
EX TEMPORE JUDGMENT DATE : 11 March 2010
DECISION : Second defendant's cross-claim not manageable; second defendant's limited cross-claim should proceed.
CATCHWORDS : BUILDING AND ENGINEERING CONTRACTS – damages claim – cross-claim by second defendant for contribution or indemnity – where plaintiff's claim against second defendant was an apportionable claim under Part 4 of Civil Liability Act 2002 – whether cross-claim barred by Civil Liability Act 2002 s 36 – whether cross-claim otherwise maintainable – whether a concurrent wrongdoer entitled to contribution or indemnity from any other concurrent wrongdoer – whether limited cross-claim should proceed – Law Reform (Miscellaneous Provisions) Act 1946 s 5, Civil Liability Act 2002 ss 35(5), 36
Civil Liability Act 2002 (NSW) LEGISLATION CITED : Fair Trading Act 1987 (NSW) Law Reform (Miscellaneous Provisions) Act 1946 (NSW) Trade Practices Act 1974 (Cth)
CATEGORY : Procedural and other rulings
CASES CITED : St George Bank Limited v Quinerts Pty Ltd [2009] VSCA 245
Dymocks Book Arcade Pty Ltd (Plaintiff) Capral Limited (First Defendant) PARTIES : Peter Dalton Architects Pty Ltd (Second Defendant) Greig Wallwork (First Cross-Defendant) J T Davies & Co Pty Ltd (Second Cross-Defendant) IT W Buildex (Fourth Cross-Defendant)
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