Amaca Pty Ltd v Goodyear Australia Pty Ltd [2021] NSWDDT 6

Dust Diseases Tribunal New South Wales Medium Neutral Citation: Amaca Pty Ltd v Goodyear Australia Pty Ltd [2021] NSWDDT 6 Hearing dates: 3 – 5 May 2021 Date of orders: 11 November 2021 Decision date: 11 November 2021 Before: Scotting J Decision: 1 I find that the just and equitable contribution between the parties is that James Hardie (Amaca) should be 75% responsible for Mr Tarrant's damage and Goodyear 25% responsible for Mr Tarrant's damage. 2 The parties are to provide Short Minutes of Order to my Associate within 7 days of today, to give effect to my findings and dealing with costs. 3 I will hear the parties on costs, if no agreement can be reached. Catchwords: DUST DISEASES — Contribution — cross claim — contributions assessment - Just and equitable contribution – relative blameworthiness NEGLIGENCE – Duty of care – Employer – User of dangerous substances – Asbestos TORTS – Joint and several liability – Contribution – Apportionment of Liability – Liability for "same damage" – Contraction of mesothelioma Legislation Cited: Law Reform (Miscellaneous Provisions) Act 1946 Cases Cited: Belhaven and Stenton Peerage (1875) 1 App Cas 278 Burnie Port Authority v General Jones Pty Ltd (1994) 179 CLR 520 Caswell v Powell Duffryn Associated Collieries Ltd [1940] AC 142 Hamilton v Nuroof (WA) Pty Ltd (1956) 96 CLR 18 Kondis v State Transport Authority (1984) 154 CLR 672 London Graving Dock Co Ltd v Horton [1951] AC 737 Luxton v Vines (1952) 85 CLR 352 Macquarie Pathology Services Pty Ltd v Sullivan (NSW Court of Appeal unreported 28 March 1995) Podrebersek v Australian Iron and Steel Pty Ltd (1985) 59 ALJR 492 Seltsam Pty Ltd v McGuiness at (2000) 49 NSWLR 262 Smith v Austin Lifts Ltd [1959] WLR 100 Wilsons and Clyde Coal Co v English [1938] AC 57 Category: Principal judgment Parties: Amaca Pty Ltd (Second Defendant/Cross Claimant)