Lavin & Anor v. Toppi & Ors
Case No.
S258/2014
Case Information
Lower Court Judgment
23/05/2014 Supreme Court of New South Wales (Court of Appeal) (Macfarlan, Emmett, Leeming JJA)
Catchwords
Equity – Contribution between co-sureties – Appellants paid lesser amount, pursuant to guarantee, than respondents who were co-sureties – Creditor Bank granted appellants covenant not to sue – NSW Court of Appeal held that contribution in equity was available to respondents – Whether creditor’s covenant not to sue has effect upon rights of contribution which arise between co-sureties – Whether co-surety, having obtained covenant not to sue, shares with other co-sureties co-ordinate liabilities of the same nature and extent so as to give rise to right to contribution as between co-sureties.
Documents
12/09/2014 Hearing (SLA, Sydney)
24/09/2014 Notice of appeal
16/10/2014 Written submissions (Appellants)
16/10/2014 Chronology (Appellants)
10/11/2014 Written submissions (Respondents)
18/11/2014 Reply
10/12/2014 Hearing (Full Court, Canberra) (Audio-visual recording)
11/02/2015 Judgment (Judgment summary)