James Hardie and Co v Seltsam Pty Ltd

[1998] HCA 78
Judgment date
Case number
S64/1998
Before
Gaudron, McHugh, Gummow, Kirby, Callinan JJ
Catchwords

Tort – Contribution – Parties entitled to claim contribution – Parties against whom contribution can be claimed – Relevance of final judgment obtained by consent in favour of party against whom contribution claimed.

Tort – Contribution – Assessment – Relevance of liability of claimant tortfeasor to tort victim when determining liability between claimant tortfeasor and other tortfeasors.

Statutes – Construction – Purposive construction – History of legislation – Previous decisions on the statutory provision.

Words and phrases – "tort-feasor liable in respect of that damage" – "who is, or would if sued have been, liable in respect of the same damage".

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