GEJ & MA Geldard Pty Ltd v Mobbs (No 2)

GEJ & MA Geldard Pty Ltd sought damages against several defendants for negligence in spraying herbicides that damaged their crops. The case was heard in the Queensland District Court, where it was determined that the sixth and eighth defendants were negligent. The court was required to decide the proportion of liability between these two defendants, and how to apportion liability in relation to defendants with whom settlement had already been effected. Additionally, the court had to determine whether the sixth and eighth defendants were each liable unaffected by the Civil Liability Act 2003 (Qld).

The court considered various factors in making its decision, including the purpose of the legislation, the facts of the case, the practicalities of responsibility, the relative contributions of the defendants to the activity that caused the loss, and the responsibility of all parties involved. The court noted that blameworthiness and causative potency were also important factors to consider when apportioning liability. The court ultimately found that the sixth and eighth defendants were each liable for their share of the damages, and that the pre-trial settlements with other defendants did not affect the calculation of damages for the sixth and eighth defendants.

The court dismissed the claims for apportionment under the Civil Liability Act 2003 (Qld). The court found that the sixth and eighth defendants were each liable for their share of the damages, and that the pre-trial settlements with other defendants did not affect the calculation of damages for the sixth and eighth defendants. The court did not consider it necessary to apportion liability between the sixth and eighth defendants, as each was found to be equally responsible for the damage to the plaintiff’s crops.