(Re: Gynes) Eraring Energy v SC Cheadle Hulme Ltd & Ors [2004] NSWDDT 23

Dust Diseases Tribunal of New South Wales

CITATION : (Re: Gynes) Eraring Energy v SC Cheadle Hulme Ltd & Ors [2004] NSWDDT 23 Eraring Energy PARTIES : SC Cheadle Hulme Pty Ltd Wallaby Grip Limited Amaca Pty Limited MATTER NUMBER(S) : 70 of 2001/2 JUDGMENT OF: Walker J at 1 CATCHWORDS: :- LEGISLATION CITED: CASES CITED: DATES OF HEARING: 22/04/2004 06/08/2004 DATE OF JUDGMENT: 09/24/2004

CROSS CLAIMANT: Ms W Srathdee LEGAL REPRESENTATIVES:

JUDGMENT:

Background to Litigation

A brief history of these proceedings is as follows:

1. Arthur John Gynes contracted asbestos related diseases whilst employed by J.R.Pillars Pty Ltd as a fitter at the Tallawarra Power Station between 1955 and 1958. During that employment he was exposed to and inhaled asbestos dust and fibre while working on and near the construction and maintenance of the power station boilers. 2. The plaintiff sued his employer's insurer TGI Australia Limited as first defendant and the power station occupier Eraring Energy as second defendant. The statement of claim was issued on 26 February 2001. 3. On 5 March 2002 the parties settled the primary claim filing terms of settlement and an order for judgment was made whereby the plaintiff received a verdict against both defendants for $80,000 and $ 50,000 costs. 4. On the 1 May 2002 Eraring Energy issued cross claims against the British Corporation Simon Carves Limited, (the designer and supplier of the boilers in question) and Wallaby Grip Limited and Amaca Pty Ltd (both manufacturers of asbestos products used in the construction of the boilers). 5. On the 30 June 2003 the third cross defendant Amaca Pty Limited settled the cross claim against it for a verdict in favour of the cross claimant of $ 22,750 plus $ 3250 costs.