recognised leaders in the development of the law of negligence
This was an enforcement case. We acted for the council. The council’s contribution to a damages award of over $400,000 was assessed as being 10%, but because the major contributor was insolvent, the council ended up paying 85%. On the council’s behalf we sought to recover 50% of the 75% overpayment from the solvent parties. We successfully argued that the liability of the insolvent parties should be shared between the council and the other solvent parties. We were able to collect back half of the insolvent parties’ share of the damages for the council.