Landpower Australia Pty Ltd v Penske Power Systems Pty Ltd [2019] NSWCA 161 (02 July 2019) (Bell P at [1]; Macfarlan JA at [56]; Payne JA at [57])


Catchwords:


CIVIL PROCEDURE – summary disposal – where claim said to be apportionable – dismissal of third-party cross-claim against named concurrent wrongdoer – whether primary judge erred in dismissing cross-claim based on independent causes of action against cross-defendant – consideration of Dymocks Book Arcade Pty Ltd v Capral Ltd [2010] NSWSC 195