Andrew P. Downie

This article analyses and considers the significance of the decision of Hunt & Hunt Lawyers v Mitchell Morgan Nominees Pty Ltd [2013] HCA 10. The decision gives direction on whether a person, who caused a plaintiff to suffer loss or damage, is a ‘concurrent wrongdoer’ and therefore may be entitled to have its liability to the plaintiff limited by operation of proportionate liability legislation. The article also considers the extent to which the decision binds Victorian Courts: the decision was in respect of an appeal from a decision of the New South Wales Court of Appeal concerning New South Wales law, which is not strictly uniform with Victorian law.

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