Full Court Minute Books

Case S258/2014

 Lavin & Anor v. Toppi & Ors


Case No.


Case Information

Lower Court Judgment

23/05/2014 Supreme Court of New South Wales (Court of Appeal) (Macfarlan, Emmett, Leeming JJA)

[2014] NSWCA 160


Equity – Contribution between co-sureties – Appellants paid lesser amount, pursuant to guarantee, than respondents who were co-sureties – Creditor Bank granted appellants covenant not to sue – NSW Court of Appeal held that contribution in equity was available to respondents – Whether creditor’s covenant not to sue has effect upon rights of contribution which arise between co-sureties – Whether co-surety, having obtained covenant not to sue, shares with other co-sureties co-ordinate liabilities of the same nature and extent so as to give rise to right to contribution as between co-sureties.

Short Particulars


12/09/2014 Hearing (SLA, Sydney)

24/09/2014 Notice of appeal

16/10/2014 Written submissions (Appellants)

16/10/2014 Chronology (Appellants)

10/11/2014 Written submissions (Respondents)

18/11/2014 Reply

10/12/2014 Hearing (Full Court, Canberra) (Audio-visual recording)

11/02/2015 Judgment (Judgment summary)