ARTICLE · 23 AUGUST 2009

An Agreement Or Understanding To Attain A Common End Or Purpose Is Necessary To Assert A Joint Liability Between Tortfeasors.

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For a plaintiff to assert that two or more tortfeasors are jointly liable in damages, the plaintiff must demonstrate more than the mere similarity in business between the defendants and a knowledge of the competitor's products.

AustraliaInsurance

David Chong

Andrew Spearritt

Judgment date: 5 August 2009

Smith v Amaca Pty Ltd & Anor [2009] VSC 318

Supreme Court of Victoria¹

In Brief

For a plaintiff to assert that two or more tortfeasors are jointly liable in damages, the plaintiff must demonstrate more than the mere similarity in business between the defendants and a knowledge of the competitor's products.

It was held that there was insufficient evidence that the defendants in these proceedings, being manufacturers and suppliers of asbestos cement building products, were engaged in a common enterprise or were taking concerted action to a common end. The defendants could therefore not be held to be jointly liable.

Background

The plaintiff had commenced proceedings in the Supreme Court of Victoria seeking damages in respect to the condition of mesothelioma, alleged to have arisen from his exposure to asbestos cement building products manufactured and/or supplied by Amaca Pty Limited (James Hardie & Co) and Seltsam Pty

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