High Court of Australia

Lavin v Toppi [2015] HCA 4

11 Feb 2015

Case Number: S258/2014


French CJ, Kiefel, Bell, Gageler, Keane JJ


Contribution – Requirement of coordinate liabilities – Where appellants and first and second respondents were co sureties of guaranteed debt – Where first and second respondents paid creditor disproportionate amount of guaranteed debt – Where creditor gave appellants covenant not to sue – Whether first and second respondents entitled to contribution from appellants – Whether appellants and first and second respondents shared coordinate liabilities despite creditor's covenant not to sue.

Words and phrases – "contribution", "contribution in equity", "coordinate liabilities", "covenant not to sue", "of the same nature and to the same extent".

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