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Solar Shop Australia Pty Ltd (Recs and Mgrs Apptd) (In Liq) V Steele Re Solar Shop Australia Pty Ltd (Recs and Mgrs Apptd)

Federal Court of Australia

Judgment Date:
2017-10-17

Abstract:
The Federal Court of Australia (FCA) has refused an interlocutory application for summary judgment of a cross-claims proceedings, upon finding that the operation of (SA) Law Reform (Contributory Negligence and Apportionment of Liability) Act 2001 included the doctrine of equitable contribution, and was consistent with the provisions under (CTH) Corporations Act 2001 s 260A. The FCA further concluded that the alleged inconsistency between the two legislation pursuant to the Commonwealth Constitution s 109 was not established.

Practice and procedure | Judgments and orders | Summary judgment | Cross-claim

Published:
14/11/2017
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