FMP Group (Australia) Pty Limited v Coffs Harbour Auto Electrical Pty Limited and Ors [2020] NSWDDT 5

Dust Diseases Tribunal New South Wales Medium Neutral Citation: FMP Group (Australia) Pty Limited v Coffs Harbour Auto Electrical Pty Limited and Ors [2020] NSWDDT 5 Hearing dates: 22 May 2020 Date of orders: 19 June 2020 Decision date: 19 June 2020 Before: Strathdee, J Decision: (1) Pursuant to Clause 55, Division 6 of the Dust Diseases Tribunal Regulation 2019 and in accordance with the Contribution Assessment of Mr J L Sharpe dated 4 February 2020 the fifth, sixth, seventh, eighth, and eleventh defendants pay to the plaintiff the sum of $368,000.00.

(2) The fifth, sixth, seventh, eighth and eleventh defendants pay the plaintiff's costs of and incidental to this motion as agreed or assessed. Catchwords: DUST DISEASES TRIBUNAL – cross claim – contribution to damages – plaintiff's claim subject to Claims resolution Process – claim settled and paid by defendant – order for payment pursuant to Division 6 Legislation Cited: Dust Diseases Tribunal Regulation 2019 (NSW) Cases Cited: Bradford Insulation Industries Pty Limited v Babcock Australia Pty Limited [2011] NSWCA 117 CSR Limited v Wallaby Grip Limited [2012] NSWCA 154 Power Technologies Pty Limited v Energy Australia [2010] NSWCA 107 QBE Insurance (Australia) Limited v Wallaby Grip Limited & Ors [2007] NSWCA 43; (2006) 4 DDCR 331 Category: Procedural and other rulings Parties: FMP Group (Australia) Pty Limited (Plaintiff) Coffs Harbour Auto Electrical Pty Limited (First Defendant) Lindsay Brothers (Coffs Harbour) Pty Ltd (Second Defendant) Lindsay Bros. Transport Pty Ltd (Third Defendant) Lindsay Brothers (Boambee) Pty Ltd (Fourth Defendant) Lindsay Brothers Holdings Pty Ltd (Fifth Defendant) Lindsay Brothers Fuel Services Pty Ltd (Sixth Defendant) Lindsay Brothers Plant & Equipment Pty Ltd (Seventh Defendant) Lindsay Brothers management Pty Ltd (Eighth Defendant) Lindsay Brothers Land Pty Ltd (Ninth Defendant) Lindsay Transport Pty Ltd (Tenth Defendant) Lindsay Australia Limited (Eleventh Defendant) Amaca Pty Limited (Twelfth Defendant) Amaba Pty Limited (Thirteenth Defendant) Representation: Counsel: Mr G Parker SC and Mr A Giurtalis appeared for the Plaintiff Mr W Ilkovski appeared for the 5th, 6th ,7th,8th,10th and 11th Lindsay Defendants No appearance for the remaining defendants