Australian Native Landscapes Pty Ltd v. Minogue and Anor

Lower Court Judgment

29/10/2010 Supreme Court of New South Wales (Court of Appeal)
(Allsop P, Beazley and McColl JJA)

[2010] NSWCA 279

Catchwords

Torts — Damages — Contribution between tortfeasors — Applicant and first respondent found liable in action for personal injuries pursuant to Motor Accidents Compensation Act 1999 (NSW) ("MAC Act") — First respondent deemed to be applicant's agent by s 112 of MAC Act — Second respondent, employer of plaintiff and first respondent, found not liable because case pleaded and conducted against it not within MAC Act — Damages reduced by 50 per cent pursuant to s 151Z(2) of Workers Compensation Act 1987 (NSW) ("WC Act") — Applicant sought contribution and indemnity from respondents pursuant to s 5(1)(c) of Law Reform (Miscellaneous Provisions) Act 1946 (NSW) ("LRMP Act") — Primary judge held s 5(1)(c) of LRMP Act did not apply because second respondent not liable, and first respondent liable as applicant's agent rather than second respondent's agent — Court of Appeal held applicant prevented from seeking contribution because plaintiff in personal injury action unable to recover from second respondent under WC Act, and applicant's s 5(1)(c) claim raised issue not previously raised — Whether respondents' negligence able to be considered in applicant's proceeding for contribution under s 5(1)(c) of LRMP Act — Whether Court of Appeal erred in failing to allow applicant's claims against respondents — Effect of s 151E of WC Act — Application of James Hardie & Co v Seltsam (1998) 196 CLR 53.