Fabfloor (Vic) Pty Ltd v BNY Trust Company of Australia Limited

In the matter of Fabfloor (Vic) Pty Ltd v BNY Trust Company of Australia Limited, the dispute revolved around the joinder of additional parties and the amendment of the defence under the Wrongs Act 1958. The plaintiff, Fabfloor, sought damages for breaches of contract and tortious claims against the defendant, BNY Trust Company. The defendant sought to add other parties as defendants and amend its defence to invoke proportionate liability under Part IVAA of the Wrongs Act 1958. The Supreme Court of Victoria was tasked with determining whether the defendant could join additional parties and amend its defence.

The court had to decide whether the defendant was required to provide evidence to establish an arguable case for joining additional parties and amending the defence. The central legal issue was whether the defendant could rely on proportionate liability as a defence under Part IVAA of the Wrongs Act 1958 without providing evidence to establish an arguable case. Additionally, the court needed to interpret Rule 9.06(b) of the Supreme Court (General Civil Procedure) Rules 2015 in relation to the joinder of parties and amendment of defences.

The court determined that the defendant was not required to provide evidence to establish an arguable case for joining additional parties and amending the defence. The court held that the provisions of Part IVAA of the Wrongs Act 1958 allowed for the defendant to invoke proportionate liability as a defence without the need for evidence to establish an arguable case. The court also found that Rule 9.06(b) of the Supreme Court (General Civil Procedure) Rules 2015 supported the joinder of additional parties and the amendment of defences in this context. Consequently, the court granted the defendant's application to join additional parties and amend its defence.

The final orders of the court were that the defendant was permitted to join additional parties and amend its defence to include the defence of proportionate liability under Part IVAA of the Wrongs Act 1958. The court also directed that the proceedings should continue with the amended defence and the newly joined parties. This decision provides clarity for defendants seeking to invoke proportionate liability as a defence and highlights the importance of understanding the interplay between statutory provisions and procedural rules in complex litigation.