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ARTICLE · 30 MARCH 2011

Limiting your liability under the Civil Liability Act: who is your concurrent wrongdoer?

Cooper Grace Ward
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A defendant has the onus of proving that its liability should be limited under part 2 of the Civil Liability Act 2003 (Qld) (CLA), to avoid having to pay 100% of the damages.

AustraliaTransport
Tony Park
Tony Park
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GEJ & MA Geldard Pty Ltd v. Mobbs & Ors (No 2) [2011] QSC (11 March 2011)

A defendant has the onus of proving that its liability should be limited under part 2 of the Civil Liability Act 2003 (Qld) (CLA), to avoid having to pay 100% of the damages.

The plaintiff claimed its cotton crop had been damaged by the drift of herbicides resulting from the aerial spraying of neighbouring properties. The plaintiff sued eight defendants including the neighbouring owners, the aerial spraying operator, its pilot and the company supplying the herbicides.

Before trial, the plaintiff settled its claim with all defendants except the aerial spraying operator and the pilot. At trial, the court found the aerial spraying operator and the pilot negligent: having sprayed the chemicals in incorrect ratios and mixes and in inappropriate weather conditions. Damages in the sum of $467,187.45 were awarded.

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