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Amaca Pty Ltd v State of New South Wales

[2003] HCA 44
Case number
S389/2002
Before
McHugh, Gummow, Kirby, Hayne, Callinan JJ
Catchwords

Tort – Joint tortfeasors - Contribution - Contribution claimed from third party not found or admitted to be liable to injured plaintiff - Whether claim could be dismissed without first deciding whether third party would if sued have been liable to plaintiff.

Tort – Joint tortfeasors - Contribution - Exemption from liability to contribution - Circumstances in which exemption may be granted.

Appeal and New Trial – Appeal to Court of Appeal of New South Wales - Appeal if error in point of law - Court of Appeal to consider whether appeal to that Court should be dismissed on ground that third party owed injured plaintiff no duty of care.

Law Reform (Miscellaneous Provisions) Act 1946 (NSW) – s 5(1), (2).

Dust Diseases Tribunal Act 1989 (NSW) – s 32.

Files
44.rtf (31.88 KB)
44.pdf (52.42 KB)