Carna Group Pty Ltd v The Griffin Coal Mining Company

The decision in Carna Group Pty Ltd v The Griffin Coal Mining Company concerned an application by the defendant, Griffin, for summary judgment or, alternatively, orders to strike out paragraphs of the cross-claim filed by the cross-claimant, Mr Grey. The legal issues before the court included whether Mr Grey had established the basis for his substantive rights to claim relief against Griffin and the principles applicable to the assessment of liability and doctrine of contribution.

The court found that Mr Grey had not established a substantive cause of action against Griffin, and therefore his cross-claim should be dismissed. The court emphasised that a cross-claimant must have a cause of action arising under statute, common law, or equity against the cross-respondent to maintain a cross-claim. The court noted that the doctrine of contribution is founded on equality, with no intermediate position between equal contribution and indemnity. The court also observed that the law on contribution in Australia is not entirely settled and that a summary dismissal might stifle the development of the law in this area.

The court granted the application and ordered that certain paragraphs of the cross-claim be struck out, with liberty to Mr Grey to re-plead within 21 days. The court also ordered Mr Grey to pay the costs of the application.