Amaca Pty Ltd v New South Wales

Amaca Pty Ltd (formerly James Hardie & Coy Pty Limited) appealed to the High Court of Australia against a decision of the Court of Appeal of New South Wales. The dispute concerned a claim for contribution between alleged joint tortfeasors, where the third party from whom contribution was sought had not been found, nor admitted to be, liable to the injured plaintiff.

The High Court was required to determine whether a claim for contribution could be dismissed without first establishing that the third party would, if sued directly by the plaintiff, have been liable to the plaintiff. It also considered the circumstances in which a party might be exempted from liability to contribute and whether the Court of Appeal had erred in law by dismissing the appeal to that Court on the ground that the third party owed the injured plaintiff no duty of care.

The High Court reasoned that the right to contribution under the relevant legislation presupposes that the party seeking contribution has incurred, or is liable to incur, a liability against which contribution is sought. However, it held that the question of whether a third party is liable to the plaintiff is a prerequisite to determining a claim for contribution. The Court found that the Court of Appeal had erred in dismissing the appeal without considering the merits of the claim for contribution.

The High Court allowed the appeal, set aside the order of the Court of Appeal, and remitted the matter to that Court for further hearing and determination in accordance with its reasons.