Matthews v SPI Electricity Pty Ltd (Ruling No 6)

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IN THE SUPREME COURT OF VICTORIA Not Restricted

AT MELBOURNE

COMMON LAW DIVISION

No. 4788 of 2009

CAROL ANN MATTHEWS Plaintiff
V
SPI ELECTRICITY PTY LTD (ACN 064 651 118) & Ors Defendants
SPI ELECTRICITY PTY LTD (ACN 064 651 118) Plaintiff by counterclaim
V
UTILITY SERVICES CORPORATION LIMITED (ACN 060 674 580) & ORS Defendants by counterclaim

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JUDGE:

J FORREST J

WHERE HELD:

Melbourne

DATE OF HEARING:

10 February 2012

DATE OF RULING:

14 March 2012

CASE MAY BE CITED AS:

Matthews v SPI Electricity and SPI Electricity Pty Ltd v Utility Services Corporation Ltd (Ruling No 6)

MEDIA NEUTRAL CITATION:

[2012] VSC 70

Amended 16 March 2012.

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PRACTICE AND PROCEDURE – Application to amend pleadings – New claims alleged – Potential for a derivative liability under the proportionate liability provisions in Part IVAA of the Wrongs Act1958 (Vic) as a result of transfer of State liabilities – Amendments to particulars of breach – Principles relevant to an application to amend – Test for determining whether amendment futile – Meaning of ‘concurrent wrongdoer’ in section 24AH of Wrongs Act1958 (Vic) – Acts or omissions of concurrent wrongdoer must in fact have caused the relevant loss or damage – No reasonable prospects of success – Application allowed in part.

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APPEARANCES:

Counsel Solicitors
For the Plaintiff Mr T Tobin SC
Mr L Armstrong
Maurice Blackburn Pty Ltd
For SPI Electricity Pty Ltd Mr B Quinn Freehills
For USC

Mr R Ray QC

Ms E Brimer

Holman Fenwick Willan
For the State parties Mr C Caleo SC
Mr M Rush
Norton Rose

HIS HONOUR:

Introduction

  1. The background to this proceeding can be gleaned from my previous rulings. Four of the defendants rely upon the proportionate liability provisions of the Wrongs Act 1958[1] to limit their liability in claims involving property damage and economic loss.  Several of the defendants also seek contribution from each other in relation to any potential judgment arising out of  personal injuries or loss of dependency claims.

    [1]Part IVAA of the Wrongs Act1958 (Vic) (“Wrongs Act”) referred to as “the proportionate liability provisions”.

  1. In October of last year, USC[2] advised the other parties (and the Court) that it would seek to amend its pleaded defences to both the claimants’ statement of claim[3] and SPI’s counterclaim.  After some discussion, the application came on before me on 10 February 2012. 

    [2]Utility Services Corporation Limited.

    [3]The fourth amended statement of claim referred to as “the statement of claim”. The representative plaintiff, Mrs Matthews, and the group members are referred to as “the claimants”.

  1. The substantive amendments to the defences of USC involve an allegation that SPI is liable for the negligent acts and omissions of the SEC[4] and ESV[5] from which, in practical terms, it acquired the electricity distribution network for eastern Victoria in September 1994.[6] This affects the proportionate liability defence of USC (in respect of its allegations as to SPI’s liability) and its claim for contribution against SPI. It also raises…

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Details
Case
[2012] VSC 70
Decision Date

CaseChat Overview and Summary

The case of Matthews v SPI Electricity Pty Ltd involved the plaintiff, Matthews, seeking to amend his pleadings to include new claims. Matthews alleged a potential derivative liability under the proportionate liability provisions in Part IVAA of the Wrongs Act 1958 (Vic) due to the transfer of state liabilities. The defendants, SPI Electricity Pty Ltd, opposed the application on the grounds that the amendment was futile. The court had to determine whether the proposed amendments met the criteria for being allowed and whether there was a reasonable prospect of success for the new claims.

The central legal issues were whether Matthews' application to amend his pleadings was permissible and whether there was a reasonable prospect of success for the new claims. Specifically, the court needed to assess the meaning of 'concurrent wrongdoer' under section 24AH of the Wrongs Act 1958 (Vic) and whether the acts or omissions of the concurrent wrongdoer had caused the relevant loss or damage. The court also had to consider the principles relevant to an application to amend pleadings and the test for determining whether the amendment would be futile.

The court found that while the application to amend was permissible, the new claims did not have reasonable prospects of success. The court held that for Matthews to succeed, it had to be shown that the acts or omissions of the concurrent wrongdoer had in fact caused the relevant loss or damage. The court concluded that Matthews had not provided sufficient evidence to meet this burden. Therefore, while the application to amend was allowed in part, the new claims were dismissed due to a lack of reasonable prospects of success.

The court allowed the application to amend the pleadings in part but dismissed the new claims due to a lack of reasonable prospects of success. The court's ruling was that Matthews could proceed with the amended pleadings, but the new claims would not be pursued further.

Orders

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Background

Background to the litigation

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Evidence

Evidence Before The Court

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Decision

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Ratio Decidendi

Legal Principle Established

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