Indeterminate liability often is wrongly described as, otherwise perceived as connected with, the latest floodgates disagreement

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Indeterminate liability often is wrongly described as, otherwise perceived as connected with, the latest floodgates disagreement

Indeterminate liability often is wrongly described as, otherwise perceived as connected with, the latest floodgates disagreement

(151) The brand new Southern Wales Law Reform Payment, Contribution ranging from People Accountable for an identical Damage, Statement Zero 89 (1999) [dos.3].

This new limitation with the indeterminate responsibility provides, while we will find, a totally other mission; namely, making sure the liabilities try discoverable in advance: pick Johnson Ceramic tiles Pty Ltd v Esso Australia Pty Ltd Aust Torts Account [paragraph] 81-692, 63 676 (Gillard J)

(152) It certainly is of good advantage to an effective plaintiff so you can sue a very-named ‘common law defendant’ in place of a great offender whoever liability is bound of the statute.

That it disagreement try for this reason geared towards shielding the latest productive administration away from justice

(153) Civil-law (Wrongs) Operate 2002 (ACT) s 18; Laws Change (Various Specifications) Act 1946 (NSW) s 5; Law Change (Various Specifications) Act 1956 (NT) ss twelve-13; Laws Change Work 1995 (Qld) ss six-7; Law Reform (Contributory Carelessness and you can Apportionment out of Responsibility) Operate 2001 (SA) ss six-7; Wrongs Act 1954 (Tas) s 3; Wrongs Operate 1958 (Vic) ss 23B, 24; Laws Reform (Contributory Negligence and you may Tortfeasors ‘Contribution) Operate 1947 (WA) s seven.

(154) Caltex Oil (Australia) Pty Ltd v The Dredge ‘Willemstad’ (1976) 136 CLR 529, 555 (Gibbs J), 593 (Mason J); San Sebastian Pty Ltd v Minister Administering the Environmental Planning and Assessment Act 1979 (1986) 162 CLR 340, 353-4 (Gibbs CJ, Mason, Wilson and Dawson JJ); Bryan v Maloney (1995) 182 CLR 609, 618-19 (Mason CJ, Deane and Gaudron JJ); Esanda Finance Corporation Ltd v Peat Marwick Hungerfords (1997) 188 CLR 241, 272 (McHugh J), 302 (Gummow J); Perre v Apand Pty Ltd (1999) 198 CLR 180, 195 (Gleeson CJ), 199-200 (Gaudron J), 219-23, 233-5 (McHugh J), 289 (Kirby J), 303-5 (Hayne J), 324, 326 (Callinan J); Agar v Hyde (2000) 201 CLR 552, 563-4 (Gleeson CJ); Sullivan v Moody (2001) 207 CLR 562, 582 (Gleeson CJ, Gaudron, McHugh, Hayne and Callinan JJ); Woolcock Street Investments Pty Ltd v CDG Pty Ltd (2004) 205 ALR 522, 528-9 (Gleeson C J, Gummow, Hayne and Heydon JJ), 534-5, 543 (McHugh J), 562, 565, 566 (Kirby J). The validity of the floodgates argument has generally been treated with great scepticism: see Australian Conservation Foundation IncvCommonwealth (1980) 146 CLR 493, 557-8 (Murphy J); Boland v Yates Property Corporation Pry Ltd (1999) 167 ALR 575, 614 (Kirby J); Bowen v Paramount Builders (Hamilton) Ltd 1 NZLR 394, 422 (Cooke J); Van Soest v Residual Health Management Unit 1 NZLR 179, 202-4 (Thomas J); Spartan Steel Alloys Ltd v Martin Co (Contractors) Ltd QB 27, 38 (Lord Denning MR); McLoughlin v O’Brian 1 AC 410, 425 (Lord Edmund-Davies), 441-2 (Lord Bridge); Tame v New South escort sites Gainesville Wales (2002) 211 CLR 317, 399-400 (Hayne J); Hancock v Nominal Defendant 1 Qd R 578, 603 (Davies JA). The floodgates argument is sometimes employed by the courts to deny relief where a ‘flood’ of litigants is apprehended if relief were granted: see, eg, Chester v Council of the Municipality of Waverley (1939) 62 CLR 1, 7-8 (Latham CJ), 11 (Rich J); Van Soest v Residual Health Management Unit 1 NZLR 179, 198-9 (Gault, Henry, Keith and Blanchard JJ); Page v Smith 1 AC 155, 197 (Lord Lloyd); White v Chief Constable of the South Yorkshire Police 2 AC 455, 493-4 (Lord Steyn), 503 (Lord Hoffmann); Law Commission for England and Wales, Liability for Psychiatric Illness, Report No 249 (1998) [6.6] fn 9 < It plays on the fear that if the net of liability is cast too widely, the courts will be overwhelmed by a proliferation of claims and become congested, thereby diminishing their ability to dispense justice.

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