Cases and authorities

CORPORATIONS – unregistered managed investment scheme – two companies operating a Ponzi scheme – freezing order on companies’ bank accounts – deposits made to companies’ bank accounts on day of and in days after freezing order by unsuspecting investors – liquidators appointed – Court directions sought as to method of distribution of limited funds in bank accounts – mixed and co-mingled accounts – whether rule in Clayton’s Case, simple pari passu approach or lowest intermediate balance rule to be applied – tracing – role of “hotchpot”. EQUITY – blended or co-mingled fund in context of a Ponzi scheme – where multiple deposits and withdrawals made from companies’ bank accounts – companies in liquidation – nature of investors’ interests in moneys held in bank account – bank accounts subject to charge or equitable lien – tracing – relationship between tracing and lowest intermediate balance rule. INSOLVENCY – unregistered managed investment scheme – Ponzi scheme – winding up – freezing order on companies’ bank accounts – whether investors who deposited funds into bank account after freezing order was made should be treated differently in terms of distribution of limited funds compared to investors who deposited funds into bank account prior to freezing order – whether deposits made into bank account after freezing order should be treated differently as such deposits could be separately identified and had not been dissipated – consideration of lowest intermediate balance rule and pari passu distribution – relevance of ability to trace – principles of hotchpot.

TORTS — Damages — Damage to non-income producing chattel — Motor vehicle collision — Damaged vehicle unavailable while undergoing repairs — Damages for inconvenience — Owner’s need for replacement vehicle — Rental charges incurred for vehicle of equivalent value to damaged vehicle — Whether charges recoverable — Whether charges reasonably necessary to meet need

CRIMINAL LAW – sexual assault – indecent assault – two complainants – conviction following trial – question of adequacy of directions to jury as to use to be made of evidence of one complainant relevant to charges concerning another – whether a “Mitchell direction” was required – whether trial judge gave “sufficient weight” to inconsistencies in the evidence of the complainants – whether inconsistencies between evidence of complainants should have raised a doubt – whether convictions unsupported by the evidence

CRIMINAL LAW – application for leave to appeal against conviction – offences of sexual assault, common assault – whether Murray direction required – whether verdicts unreasonable

WORKERS’ COMPENSATION – Assessment and amount of compensation – Discontinuation of payments – Construction of (NSW) Workers Compensation Act 1987, s 39 – Whether appellants were entitled to payments during the period between discontinuation and resumption of payments following assessment by an approved medical specialist

CRIME – extended supervision order – conditions of order – order requiring consent to searches – validity – whether privilege against self-incrimination abrogated – Crimes (High Risk Offenders) Act 2006 (NSW), s 11 STATUTORY INTERPRETATION – statutory powers – privilege against self-incrimination – abrogation of privilege – conditions imposed under extended supervision order – consent to searches required – clear statement principle – effect of Crimes (High Risk Offenders) Act 2006 (NSW), s 11 STATUTORY INTERPRETATION – statutory powers – conditions imposed under extended supervision order – validity – requirement of reasonable belief to initiate search – whether conditions purport to direct or regulate conduct of officers – whether conditions authorised seizure of third party property

CRIME – appeals – appeal against sentence – murder of own child – mental illness – moral culpability – reduction – relevance to denunciation and deterrence CRIME – appeals – appeal against sentence – objective seriousness – uncharged acts of abuse and assaults preceding death of victim – physical and psychological vulnerability of victim – whether abuse and assaults were aggravating factors CRIME – appeals – appeal against sentence – resentence – child murder – mitigation of moral culpability due to mental illness evidence – comparable cases – standard non-parole period

CRIMINAL LAW – sentence appeal – offence of doing act with intent to pervert the course of justice – attempts to intimidate witnesses in sexual assault proceedings – whether sentence manifestly excessive – whether error in assessment of objective seriousness of offending – whether sentence manifestly excessive – strong subjective case – leave to appeal granted but appeal dismissed.

HEALTH – medical professionals – disciplinary proceedings – whether the Tribunal failed to apply the statutory test for unsatisfactory professional conduct – Health Practitioner Regulation National Law (NSW) s 139B(1)(a) – whether the Tribunal failed to have proper regard to the expert evidence before it

CIVIL PROCEDURE — Parties — Persons under legal incapacity — Tutors – whether appellant under legal incapacity for the purposes of r 7.14 Uniform Civil Procedure Rules 2005 (NSW) – where appellant represented by a tutor before the primary judge –whether to dispense with the requirement for proceedings to be commenced or carried on by a tutor – where change in appellant’s circumstances since the appointment of a tutor by the primary judge

CRIME – appeals – appeal against sentence – objective seriousness – mental health clearly and overtly taken into account – no error shown – leave refused CRIME – appeals – appeal against sentence – manifest excess – stern indicative sentence does not demonstrate excessive aggregate sentence – raw statistics unhelpful – appeal dismissed

APPEAL – sentence appeal – whether sentence imposed manifestly excessive – where appellant purchased power tools to assist friend in opening drive shafts containing cocaine – where involvement of appellant minimal – where no evidence of prior knowledge or planning – where sentence imposed unreasonable and plainly unjust – re-sentence

CONTRACT – Where contract sets out mechanism to determine apportionment of responsibility for assembly costs overrun – Where party who has to make the determination has to act “reasonably” – Consideration of what acting reasonably involves in the circumstances – Damages – Consideration of principles relating to proof of damages – Where the defendant did not rebut the evidence adduced by the plaintiff.

STATUTORY INTERPRETATION – Crimes (Sentencing Procedure Act) 1999 (NSW), s 22(1) – plea of guilty – imposing a lesser penalty than would otherwise have been imposed – Criminal Procedure Act 1986 (NSW), ss 267(2) and 268(1A) – jurisdictional limit of Local Court – whether sentence that would have been imposed but for reduction in sentence may exceed jurisdictional limit – similar issue considered in Park v R [2020] NSWCCA 90 – Drug Court of New South Wales exercising criminal jurisdiction of the Local Court pursuant to s 24(1) of the Drug Court Act 1998 (NSW) CRIME – appeals – appeal against sentence – aggregate sentence – indicated sentences – whether discrepancy between monetary value of goods stolen and threshold for an offence to be heard summarily reduces objective seriousness – disparities in indicated sentences having regard to monetary value of goods stolen

CIVIL PROCEDURE — Notices to produce — Subpoenas — Application to set aside — Relevance to issues in the proceedings — Where issue raised in affidavits but not relevant to resolution of proceedings — Where category for production relates to documents clearly subject to legal professional privilege

CORPORATIONS — Winding up — Termination — Commercial morality — Relevant factors Property development – informal funding arrangements – lack of demarcation between personal and company funds – development constructed contrary to development approval – townhouses marketed and contracts exchanged without remedying non-compliance with DA – townhouses apparently occupied without occupation certificate – no rent received by company – no tax returns lodged – explanation for non-receipt of statutory demand and court process not compelling – provision of documents to liquidator incomplete – solvency dependent on rectifying non-compliant development and sale in immediate future and deferral of main creditors. Whether liquidator or director should carry out rectification and sale of townhouses – Court’s ability to oversee compliance with director’s undertakings –liquidation stayed – authority given to director to regularise affairs of the company – adjourn to terminate liquidation on steps being taken.

CONTRACT – agency agreement – entitlement to commission – agency agreement drafted by client – client an experienced property developer – agreement did not comply with Property, Stock and Business Agents Act 2002 (NSW), s 55 – agent sued to recover unpaid commission – whether discretion under s 55A available and should be exercised

CRIMINAL LAW – sentence appeal – firearm offences – application by offender – most serious offence fire firearm at dwelling house with reckless disregard for safety contrary to s 93GA(1) of the Crimes Act – whether error in assessment of criminality – whether principles in Bugmy v R [2013] 249 CLR 571; [2013] HCA 37 properly applied – whether sentence manifestly excessive – factual error identified in indicative sentence – effect on aggregate sentence – appeal allowed – applicant re-sentenced.

CRIMINAL LAW– sentence appeal – offences of use an authorised pistol and fire a firearm in or near a public place – whether objective seriousness of offences properly assessed – whether sentence manifestly excessive – loaded pistol pointed at taxi driver as a “prank” – pistol discharged – objective seriousness correctly assessed at above midrange – sentence not manifestly excessive – appeal dismissed.

CRIME – appeals – appeal against sentence – application of R v Henry guideline judgment – guideline not conflated with or used as starting point for assessment of objective seriousness – sequence of matters in judgment not necessarily sequence of judge’s process of reasoning – appeal dismissed

CRIMINAL LAW – where appellant convicted following a trial by jury – where Sheriff’s report provided to trial judge following a complaint by a juror of potential juror irregularity – whether verdict should be set aside on basis of juror irregularity depriving appellant of a fair trial – where further Sheriff’s report ordered – whether further Sheriff’s report containing details of interviews with jurors revealed evidence of racist remarks or other derogatory comments about the appellant by jurors during the trial

CRIMINAL PROCEDURE – Criminal Assets Recovery Act 1990 (NSW) – production order – ex parte – orders made

CRIMINAL PROCEDURE – Criminal Assets Recovery Act 1990 (NSW) – restraining order – ex parte – orders made

CRIMINAL PROCEDURE – Criminal Assets Recovery Act 1990 (NSW) – restraining order – ex parte – orders made

CRIMINAL PROCEDURE – Criminal Assets Recovery Act 1990 (NSW) – restraining order – ex parte – orders made

APPEAL – medical profession – where suspension by Medical Council of New South Wales of registration of medical practitioner – where suspension affirmed on internal review by Medical Council – Health Practitioner Regulation National Law (NSW), s 150, s 150A – where no appeal by medical practitioner to NCAT – Health Practitioner Regulation National Law (NSW), s 159, s 159B – appeal to Court of Appeal challenging suspension by Council – appeal incompetent MEDICAL PROFESSION – protective proceedings – where complaint against medical practitioner by Health Care Complaints Commission – where doctor refused to undergo psychiatric examination as directed by Medical Council of NSW – Health Practitioner Regulation National Law (NSW), s 149E, s 149F – where NCAT cancelled registration of practitioner – Health Practitioner Regulation National Law (NSW), s 149C – where review of Tribunal’s decision limited to questions of law – whether error of law demonstrated ADMINISTRATIVE LAW – bias rule – where Tribunal member ineligible to sit – where fresh Tribunal empanelled – where fresh Tribunal rejected submissions of medical practitioner – whether Tribunal affected by actual or apprehended bias ADMINISTRATIVE LAW – challenge to interlocutory decisions of Tribunal – where decisions on a matter of practice and procedure – leave to appeal required but not sought – Civil and Administrative Tribunal Act (NSW), Sch 5, Pt 6, cl 29(2)(b) ADMINISTRATIVE LAW – hearing rule – whether Tribunal failed to afford procedural fairness – whether Tribunal failed to address appellant’s evidence and arguments – whether two-stage hearing process required

CRIMINAL LAW – Sentence appeal – exceptional subjective circumstances – youth, ADHD and autism – serious offence – psychology reports show no or very little risk of similar re-offending – in circumstances, sentence imposed outside legitimate discretion available – manifest error – offender re-sentenced.

APPEAL – whether appeal involved a violation of s 27(2) of the Summary Offences Act 1988 (NSW). PUBLIC ASSEMBLY – Summary Offences Act 1988 (NSW) – whether public assembly was authorised – whether Commissioner of Police had communicated non-opposition to notification of a proposed public assembly within the meaning of s 23(1)(f) of the Summary Offences Act – whether amendment of particulars to timely notification amounted to a new notice of intention.

JUDGMENTS AND ORDERS – Court of Appeal – practice and procedure – constitution of court – where parties failed to provide short minutes of order to give effect to appeal judgment – where one member of original Court of Appeal bench no longer a member of the Court – whether appropriate to reconstitute new bench – appropriate form of order in relation to unfair preference – Corporations Act 2001 (Cth), 588FF(1)(a)

ENVIRONMENT AND PLANNING – planning schemes and instruments – State Environmental Planning Policies – secondary dwellings – site area and minimum lot size – whether minimum lot size requirement overridden – State Environmental Planning Policy (Affordable Rental Housing) 2009 (NSW), cl 22; State Environmental Planning Policy (Sydney Region Growth Centres) 2006 (NSW), cl 4.1AC STATUTORY INTERPRETATION – amendment and repeal – implied repeal – harmonious construction – conflict between State Environmental Planning Policies – whether capable of harmonious construction – requirement for actual contrariety STATUTORY INTERPRETATION – amendment and repeal – implied repeal – clauses in separate instruments each purporting to control inconsistency by prevailing over the other – effect of each clause

CRIMINAL LAW – appeal against sentence – sexual offences against stepdaughter – sentencing judge did not set non-parole period – lack of single recognizance release order for Commonwealth offences – when a fixed sentence should be imposed – finding in relation to aggravation – abuse of trust – objective seriousness – whether sentence manifestly excessive

CRIME – bail – release application – pending conviction and sentence appeal – whether prospects of succeeding on appeals – where guilty plea entered after empanelment of jury – where no reasonable prospects of success on conviction appeal – where reasonable prospects of success on sentence appeal – where difficulty of preparing appeal in custody not special or exceptional circumstances – where conditional bail granted

CORPORATIONS — Winding up — Statutory demand — Application to set aside — Genuine dispute — Debt claimed based on contract where contracting parties uncertain — Where construction of several contractual terms in dispute COSTS — Party/Party — Bases of quantification — Indemnity basis — Where creditor’s statutory demand pursued despite assertion of plausible grounds of dispute

CIVIL PROCEDURE – Court of Appeal – application –assignment to the Court of Appeal for the punishment of contempt of the Court – assignment to the Court of Appeal of such matters as are necessary or convenient for the discharge of functions of the Court – notice of motion remitted to the Common Law Division of the Supreme Court CONTEMPT – Criminal contempt – contempt in the face of the court – here appellant was assaulted by first respondent at the appellant’s home far away from the court

CRIME – Appeals – Appeal against sentence – whether offences were aggravated by the fact they were committed in company – in company – sentencing error in finding the offences were committed “in company” – finding of special circumstances – indicative sentences – joint criminal enterprise – larceny – take and drive conveyance – destroy or damage property – aggravated break, enter and commit serious indictable offence

CRIME – appeals – appeal against sentence – no evidence of causal connection between mental illness and offending – sentence within bounds of what was sought below – applicant already on parole – leave refused

CRIMINAL LAW – Sentencing – Appeal against sentence – Whether sentencing judge failed to have regard to utilitarian value of early guilty pleas – Error conceded – Whether lesser sentence warranted on the basis of material before the Court – Appeal against sentence allowed – Resentence with 25% discount for early plea

CRIMINAL LAW – Crown appeal against sentence – separate serious offences of sexual intercourse without consent and reckless wounding – head sentence of one offence subsumed in the sentence of the other offence – accumulation of non-parole periods by two months – whether the sentencing judge erred in considering the need for specific deterrence – whether the totality principle was appropriately applied – whether sentences manifestly inadequate – discretion to re-sentence upon finding of error – sentence structure altered with result that total head sentence and total non-parole period increased

CRIME – appeal – sentencing - drug offences - supply prohibited drug on ongoing basis – further count of ongoing supply on Form 1 – second count of knowingly direct activities of a criminal group – offences of supply prohibited drug and knowingly deal with proceeds of crime on second Form 1 SENTENCING - appeal - whether sentencing judge found ongoing supply offence was aggravated by being committed for financial reward - whether judge erred in determination of objective seriousness – whether sentencing judge took into account positive features of applicant’s subjective circumstances - whether judge failed to deal in substance with question of likelihood of reoffending and rehabilitation – relationship between rehabilitation and likelihood of reoffending - issue of parity with co-offender – where co-offender’s lower sentence reduced further after earlier appeal – where co-offender found to have minimal role in the drug supply – where co-offender charged only with drug supply – no justifiable sense of grievance - whether aggregate sentence manifestly excessive – reliance on statistics – where each ongoing supply offence exceeded the minimum number of supplies to constitute the offences - generous reduction of the non-parole period ­­by sentencing judge - sentence not manifestly excessive

Binsaris v Northern Territory Webster v Northern Territory O'Shea v Northern Territory Austral v Northern Territory Tort – Battery – Statutory authorisation – Where CS gas (form of tear gas) used by prison officer in youth detention centre – Where prison officer called to assist at youth detention centre – Where detainees exposed to CS gas claimed damages for battery – Where device used to deploy CS gas prohibited weapon under Weapons Control Act (NT) – Whether deployment of CS gas by prison officer in youth detention centre lawful – Whether prison officer acting in course of duties as prison officer such that exemption for prescribed persons in s 12(2) of Weapons Control Act applied – Whether authorised by delegation of powers of superintendent of youth detention centre under s 157(2) of Youth Justice Act (NT) – Whether authorised by prison officer having powers of police officer under s 9 of Prisons (Correctional Services) Act (NT). Words and phrases – "acting in the course of his or her duties", "battery", "bodily integrity", "breach of the peace", "bystander", "collateral damage", "detainees", "emergency situation", "ensure the safe custody and protection", "maintain discipline", "maintain order", "necessary or convenient", "police officer", "positive authority", "prescribed person", "prison officer", "prisoner", "prohibited weapon", "superintendent", "tortious liability", "use of force that is reasonably necessary", "youth detention centre". Prisons (Correctional Services) Act (NT), ss 9, 62(2). Weapons Control Act (NT), ss 6, 12. Youth Justice Act (NT), ss 151(3), 152(1), 153, 154, 157(2), 159, 160.

CRIME – Appeals – Appeal against conviction – Where accused sought a voir dire examination to establish evidence of “experimental or explorative touching” between young children – Where trial judge declined to hold a voir dire because prospective evidence inadmissible under Criminal Procedure Act, s 293 – Whether prospective evidence likely to be inadmissible by reason of s 293(3) – Whether prospective evidence likely to be within exception in s 293(4)(a) – Whether s 293 prevents evidence being adduced in an examination on a voir dire – Appeal allowed on ground 1 (unanimous). CRIMINAL PROCEDURE – Trial – Directions to jury – Misdirection – Where evidence led of conduct of complainant “consistent” with the alleged offending having occurred – Where evidence incorrectly described by Crown as “complaint” evidence – Where directions provided limited guidance as to use of conduct evidence – Where no objection taken by defence counsel at trial to directions as to use or to description of evidence as “complaint” evidence – Whether directions were inadequate – Whether a miscarriage of justice – Whether to grant leave to appeal under Criminal Appeal Rules, r 4 – Leave granted – Appeal allowed on ground 2 (by majority).

CRIME – appeals – appeal against sentence – assessment of objective gravity – whether error in “global assessment” – question of whether assessment must be expressed by position in a range – requirement of identifying features relevant to assessment of objective gravity – question of whether sentence manifestly excessive – utility of sentencing statistics in determining whether a sentence is manifestly excessive – utility of comparing one case to another to discern error

CRIME – appeals – appeal against sentence – parity – same sentencing judge for co-offenders – co-offenders charged with different offences – sentencing judge explicitly addressed differences between offenders – modest sentence in the circumstances – no justifiable sense of grievance – appeal dismissed

CIVIL LIABILITY – casual negligence – duty of care – plant operator – liability of owner/builder - standard of care required – identifying risk of injury – breach of duty – questions of contributory negligence

JUDGMENTS AND ORDERS – setting aside – consent judgment – general power to set aside judgment or order – challenge to validity of agreement – whether judgment based on agreement – Uniform Civil Procedure Rules 2005 (NSW), r 36.15(1) JUDGMENTS AND ORDERS – amending, varying and setting aside – consent judgement – orders entered – finality of entered orders CONTRACTS – grounds for setting aside – misleading or deceptive conduct – non-disclosure of information – relevance of actual or constructive knowledge of silent party as to complainant’s beliefs – relevance of undisclosed beliefs of complainant CIVIL PROCEDURE – Court of Appeal – leave to appeal – dismissal – lack of issue of principle, question of general public important or an injustice to the applicant going beyond merely arguable

Pickett v Western Australia Mead v Western Australia Mead v Western Australia Anthony v Western Australia TSM (a child) v Western Australia Criminal law – Parties to offences – Where group of eight males assaulted victim – Where group included appellants and a youth aged 11 years ("PM") – Where one member of group stabbed victim causing death – Where appellants charged with murder under Criminal Code (WA) – Where Crown alleged seven males who did not stab victim deemed to have taken part in committing offence under s 7(b), s 7(c) or s 8 of Criminal Code – Where ss 7(b), 7(c) and 8 of Criminal Code operated when "an offence is committed" – Where reasonably possible that PM inflicted fatal stab wound – Where PM could not be criminally responsible for acts unless he had capacity to know he ought not to do act under s 29 of Criminal Code – Where prosecution adduced no evidence to establish capacity – Where trial judge declined to direct jury that they could not convict appellants of murder unless satisfied beyond reasonable doubt PM did not cause death – Where appellants convicted of murder – Whether trial judge erred in declining to direct jury that they could not convict appellants of murder unless satisfied that PM did not cause death – Whether "offence" committed for purposes of ss 7(b), 7(c) and 8 where failure to prove criminal responsibility of person who may have done act constituting offence. Words and phrases – "accessorial criminal liability", "an offence is committed", "authorised or justified or excused by law", "commission of an offence", "common law antecedents", "construction of the Code", "criminally responsible", "enabler or aider", "excuse", "justification", "liable to punishment", "offence", "participants in the offence", "parties to the offence", "party to an unlawful common purpose", "principal offender", "unlawful killing". Criminal Code (WA), Chs V, XXVI; ss 1, 2, 7, 8, 29, 36, 268, 277, 279.

Administrative law (Cth) – Judicial review – Archives – Access to records – Where Governor-General engaged in correspondence with Her Majesty the Queen – Where correspondence described as personal and confidential – Where Official Secretary to Governor-General kept correspondence and made arrangement to deposit correspondence with predecessor organisation to National Archives of Australia ("Archives") – Where correspondence deposited by Official Secretary on instructions of former Governor-General after his retirement – Where Archives Act 1983 (Cth) subsequently enacted – Where s 31 of Archives Act provides that Commonwealth records within care of Archives must be made available for public access when within "open access period" – Where s 3(1) defines "Commonwealth record" as including "record that is the property of the Commonwealth or of a Commonwealth institution" – Where "Commonwealth institution" defined as including "the official establishment of the Governor-General" – Whether correspondence property of Commonwealth or of official establishment of Governor-General – Whether "property" within context of Archives Act connoted relationship involving holding of rights corresponding to ownership or possession at common law or connoted existence of legally endorsed concentration of power to control custody of record. Words and phrases – "administration", "archival resources of the Commonwealth", "Archives", "body politic", "care and management", "Commonwealth institution", "Commonwealth record", "comprehensive expression", "convention", "correspondence", "created or received officially and kept institutionally", "Crown in right of the Commonwealth", "custody", "functional unit of government", "Governor-General", "kept by reason of", "lawful power of control", "legally endorsed concentration of power", "management", "official establishment of the Governor-General", "Official Secretary", "ownership", "personal and confidential", "personal records", "possession", "private and confidential", "property", "property of the Commonwealth or of a Commonwealth institution", "public access", "record", "right to exclude others", "the Commonwealth". Constitution, covering cll 3, 4, s 2, Ch II. Archives Act 1983 (Cth), ss 2A, 3, 3C, 5, 6, 62, 64, 70, Pt V. Governor-General Act 1974 (Cth), s 6.

REPRESENTATIVE ACTIONS – property damage arising out of widespread urban flooding from Brisbane River escaping its banks in January 2011 – principal judgment delivered in November 2019 – plaintiff successful against all three defendants – consequential issues – form of common or separate questions – formal order made answering questions DAMAGES – INTEREST – fixtures and fittings of plaintiff’s store damaged by flood – clean up undertaken by volunteer labour before store reopened – plaintiff recovered amount for damage calculated by reference to commercial cost of volunteer labour – whether interest should be allowed – award of interest compensatory – matters irrelevant to recovery of head of damage may be relevant to award of interest – HELD: interest not awarded. NEGLIGENCE – APPORTIONMENT – plaintiff’s claim “apportionable claim” – whether appropriate apportionment provision is s 31(1) of Civil Liability Act 2003 (Qld) or s 35 of Civil Liability Act 2002 (NSW) – apportionment between defendants found vicariously liable for actions of flood engineers – flood engineers engaged on successive shifts during flood event – difficulties in quantification of “causal potency” of each flood engineers actions – whether comparison of relative flood engineer’s contribution to damage should be taken into account – whether liability should be apportioned equally between defendants or by reference to flood engineers the parties employed – utility of quantitative assessments of causal potency – whether breach finding in respect of one flood engineer should be reviewed or modified – HELD: Queensland statute applicable – relevant assessment should be by reference to vicarious liability for flood engineer – quantitative assessment of little assistance but qualitative assessment of relative contributions and degree of departure still possible – assessments tempered by common undertaking and common mistakes of flood engineers – First Defendant: 50% responsible – Second Defendant: 30% responsible – Third Defendant: 20% responsible.