Event and Time
Event Description
The case involves an application by Mason White McDougall (Hurstbridge) Pty Ltd (MWM) and Bertacco Ferrier Pty Ltd (Bertacco Ferrier) to join Harding Stenning & Co as a concurrent wrongdoer in an existing proceeding initiated by Payton Securities Pty Ltd (Payton). This application was made pursuant to the relevant laws and rules to enable MWM and Bertacco Ferrier to use proportionate liability provisions under the Wrongs Act 1958 (Vic).
Application and Claims
- MWM and Bertacco Ferrier applied to join Harding Stenning to amend their defences, alleging that Harding Stenning acted as a concurrent wrongdoer concerning a loan made by Payton to Z & L Property Management Pty Ltd.
- Payton claims against MWM, Bertacco Ferrier, and Ian McCubbin for misleading and deceptive conduct under the Australian Consumer Law and other breaches stemming from a loan default by Z & L.
Judicial Decisions
- The court dismissed the application for joinder, stating that the claim against Harding Stenning was not reasonably arguable and had no real prospect of success.
Dispute Points and Legal Basis
Dispute Points
MWM and Bertacco Ferrier's Claims
- MWM contends that Harding Stenning should be considered a concurrent wrongdoer due to their involvement in the financial arrangements for the disputed loan.
- Bertacco Ferrier supported this claim, emphasizing the need to amend the defence to involve Harding Stenning to enable reliance on proportionate liability provisions.
Payton Securities Pty Ltd's Position
- Payton opposed the joinder and argued that Harding Stenning was not responsible for any wrongdoing concerning the loan and that they were engaged solely to prepare security documentation.
- Payton provided evidence that they had extensive experience as a commercial lender and did not rely on Harding Stenning for valuation or loan assessments.