NSW Caselaw
Dust Diseases Tribunal of New South Wales
CITATION : (Re Verschuren) Amaca Pty Ltd v M & S Whelan Investments Pty Ltd [2010] NSWDDT 5
PARTIES : Amaca Pty Ltd (Respondent Cross-Claimant) M & S Whelan Investments Pty Ltd (Applicant Cross-Defendant)
MATTER NUMBER(S) : 107/09/1
JUDGMENT OF: O'Meally P
CATCHWORDS: DUST DISEASES TRIBUNAL :- PROCEDURE - judgments and orders - amending, varying and setting aside - cross-claim - contribution determination made - judgment entered in accordance with determination - whether contribution determination should be varied - whether judgment in cross-claim should be set aside
LEGISLATION CITED: Dust Diseases Tribunal Regulation 2007
DATES OF HEARING: 23 March 2010, 24 March 2010, 26 March 2010
DATE OF JUDGMENT: 26 March 2010
EX TEMPORE JUDGMENT DATE : 26 March 2010
G D Bloch instructed by Goldhirsch & Shnider appeared for the Applicant Cross-Defendant LEGAL REPRESENTATIVES: W S Strathdee instructed by Holman Webb Lawyers - Brisbane appeared for the Respondent Cross-Claimant
JUDGMENT:
RULING O'MEALLY P 1. On 16 February last I dealt with that part of an application by M & S Whelan Investments Pty Ltd (Whelan), brought by way of notice of motion filed on 22 December 2009, seeking an order that proceedings on a judgment entered against it on 14 December 2009 be stayed. In the result, I ordered that proceedings on that judgment be stayed until further order of the Court upon terms. Those terms were subsequently vacated.
2. I am now dealing with two notices of motion brought by Whelan. They are the notice of motion of 22 December 2009 which sought also an order that the judgment of 14 December 2009 be set aside, and an application by notice of motion filed on 16 February 2010 seeking an order that the Tribunal determine the dispute between the Cross-Defendant and the Cross-Claimant as to apportionment of liability (the dispute being that the Cross-Defendant asserts its liability to the Cross-Claimant should be reduced to nil).
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