Landpower Australia Pty Ltd v Penske Power Systems Pty Ltd (NSWCA)
Summary dismissal – pleadings – proportionate liability – contract – negligence – <i>Trade Practices Act 1974</i> (Cth) – Australian Consumer Law – proceedings arose from combine harvester’s performance – plaintiffs used the combine harvester in the their business – plaintiffs sued applicant, who was ‘sole defendant’ in proceedings – applicant named respondent as a ‘concurrent wrongdoer’ in its defence – applicant cross-claimed against respondent ‘concurrent wrongdoer’ – primary judge ‘struck out and dismissed’ ‘Amended Cross-Claim’ – applicant sought leave to appeal – whether applicant precluded from cross-claiming against respondent ‘based upon an independent cause of action’ – s87CB <i>Competition and Consumer Act 2010</i> (Cth) (CCA) s35(1) <i>Civil Liability Act 2002</i> (NSW) – held: leave to appeal granted – appeal allowed.
