NSW Caselaw
Dust Diseases Tribunal of New South Wales
CITATION : (re Floro) Bluescope Steel (AIS) Pty Limited v Amaca Pty Limited [2007] NSWDDT 27
PARTIES : Bluescope Steel (AIS) Pty Limited Amaca Pty Limited
MATTER NUMBER(S) : 166/2005/CC1 of
JUDGMENT OF: Kearns J
Dust Diseases Tribunal :- dust diseases cross claim just and equitable contribution relative blameworthiness CATCHWORDS: whether cross defendant had actual knowledge of dangers of asbestos onus of proof in relationship between cross defendant and parent company inference of actual knoweldge of dangers of asbestos causal potency and control by parties over plaintiff's daily working conditions relevance of standard presumptions in determining contribution
LEGISLATION CITED: Dust Diseases Tribunal (Standard Presumptions - Apportioned) Order 2007
CASES CITED: Rolls Royce Industrial Power (Pacific) Limited v James Hardie & Co Pty Limited; re Hay (No.4) (1999) 18 NSWCCR 653
DATES OF HEARING: 03/09/2007
DATE OF JUDGMENT: 19 October 2007
Mr T Rowles, instructed by Sparke Helmore, appeared for the main cross claimant LEGAL REPRESENTATIVES: Mr J Sheller, instructed by Phillips Fox, appeared for the first cross defendant
JUDGMENT: 9 KEARNS J
1. Mr Floro (the plaintiff) contracted illness as a result of exposure to asbestos dust and fibre in the course of his employment by Bluescope Steel (AIS) Pty Limited (Bluescope). His illness was mesothelioma.
2. The plaintiff brought proceedings against Bluescope. Those proceedings were settled, resulting in a payment to the plaintiff in the sum of $425,000, inclusive of the plaintiff's costs.
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