More On Proportionate Liability

The decision of Justice Hansen in McAskell v Cavendish Properties Limited [2008] VSC 328 refers favourably to the decision of Justice Byrne in Gunston v Lawley [2008] VSC 97 and provides further guidance on the operation of Victoria's proportionate liability regime under the Wrongs Act 1958 (Vic).

Background

Mr and Mrs McAskell, the plaintiffs, owned a residential property in Patterson Lakes, Victoria. The plaintiffs alleged the property suffered foundation subsidence resulting in cracking and deterioration, to the extent that it was necessary to have the property demolished and rebuilt.

The plaintiffs brought proceedings against numerous parties involved in the design and construction of a nearby circulation drain (circulation drain defendants) on grounds that they breached duties of care owed to the plaintiffs. The plaintiffs also brought proceedings against the builders of the property (the sixth and seventh defendants) (builders) on the basis that they