Baden Cranes Pty Ltd v Smith; Brambles Australia Ltd v Smith (No 2)

In *Baden Cranes Pty Ltd v Smith; Brambles Australia Ltd v Smith (No 2)*, the New South Wales Court of Appeal considered appeals by Baden Cranes Pty Ltd and Brambles Australia Ltd against a judgment concerning liability for damages awarded to the plaintiff, Mr. Smith. The plaintiff had been successful on all issues of liability at trial, and the appeals primarily concerned the apportionment of that liability amongst the defendants.

The central legal issues before the Court of Appeal were whether the trial judge had erred in the apportionment of liability between the three defendants, and consequently, whether the quantum of damages awarded to the plaintiff and the cross-claims between the defendants required recalculation. The court also had to determine the appropriate orders for the costs of the appeals, given the varying degrees of success achieved by the parties.

The Court of Appeal found that while the plaintiff was successful on all issues of liability, the apportionment of liability between the defendants required adjustment. The court recalculated the damages payable by each defendant to the plaintiff, and also adjusted the amounts to be paid between the defendants on their respective cross-claims. The court noted that the appeal did not involve a point of principle regarding damages but rather a reassessment of apportionment.

In its final orders, the Court of Appeal set aside most of the original trial orders concerning the apportionment of liability and cross-claims, and substituted new judgments. Baden Cranes and Brambles were ordered to pay the plaintiff's costs of the appeal in equal shares. No order was made as to the costs of the appeals as between Baden Cranes and Brambles. Baden Cranes was ordered to pay 50% of Gillespies' costs of Baden's appeal, and Brambles was ordered to pay 75% of Gillespies' costs of Brambles' appeal.