NSW Caselaw
Dust Diseases Tribunal of New South Wales
CITATION : (re Millard) Eraring Energy v Power Technologies Pty Limited [2009] NSWDDT 2
PARTIES : Eraring Energy Power Technologies Pty Limited
MATTER NUMBER(S) : 6124/2006/CC2
JUDGMENT OF: Kearns J
Claims Resolution Process - DUST DISEASES TRIBUNAL :- CRP contributions assessment CATCHWORDS: whether defendants and cross defendants entitled to judgment in accordance with contributions assessment nature of such judgment whether in this case parties debarred from obtaining judgment by their conduct including waiver and estoppel
Dust Diseases Tribunal Regulation 2001 Dust Diseases Tribunal Regulation 2007 LEGISLATION CITED: Law Reform (Miscellaneous Provisions) Act 1946 Civil Procedure Act 2006 Building & Construction Industry Security of Payment Act 1999
QBE Insurance (Australia) Ltd v Wallaby Grip Ltd & Ors [2007] NSWCA 43, (2006) 4 DDCR 331 CASES CITED: Antoon Frans Broers v Australian Co-Operative Foods Limited & Ors [2008] NSWDDT 38 (re Millard) Eraring Energy v Power Technologies [2007] NSWDDT 24 [11] and [16] Kammins Ballrooms Co Ltd v Zenith Investments (Torquay) Ltd [1971] AC 850, 882-3
DATES OF HEARING: 12 December 2008
DATE OF JUDGMENT: 6 February 2009
Mr Squires, with leave, of Goldrick Farrell Mullan, appeared for the first and second cross claimants LEGAL REPRESENTATIVES: Mr P Webb QC with Mr T Rowles, instructed by Carroll & O'Dea, appeared for the third cross defendant
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