NSW Caselaw
Dust Diseases Tribunal of New South Wales
CITATION : Harradine v Cockatoo Dockyard and Ors [2008] NSWDDT 8 This decision has been amended. Please see the end of the judgment for a list of the amendments.
Alfred Edward Harradine (Plaintiff) Wallaby Grip (BAE) Pty Ltd (in liquidation) (Eighth Defendant) PARTIES : Amaca Pty Ltd (Cross-Defendant in the first cross-claim) BOC Limited (Cross-Defendant in the second cross-claim)
MATTER NUMBER(S) : 6185/2006; 6185/2006/1; 6185/2006/2
JUDGMENT OF: O'Meally P
CATCHWORDS: :- Dust Diseases Tribunal Regulation 2007 - Cross-claim - Cross-defendant not sued by plaintiff - Contributions Assessment - Whether Regulation entitles plaintiff to judgment against cross-defendant - Regulation does not entitle plaintiff to judgment against cross-defendant - Dust Diseases Tribunal Act - section 32H authorises regulations with respect to apportionment of liability between defendants and cross-defendants - does not authorise regulations imposing liability on person not sued by plaintiff
Dust Diseases Tribunal Regulation 2007 (cl 18(1); cl 48; cl 49; cl 52) LEGISLATION CITED: Dust Diseases Tribunal Act 1989 (s 32H) Uniform Civil Proceedure Rules (r 22.2) Law Reform (Miscellaneous Provisions) Act 1946 (s 5(1)(c))
CASES CITED: QBE Insurance (Australia) Limited v Wallaby Grip Limited and Ors [2007] NSWCA 43
DATES OF HEARING: 5 March 2008
DATE OF JUDGMENT: 5 March 2008
EX TEMPORE JUDGMENT DATE : 5 March 2008
Mr G F Little SC instructed by Turner Freeman, appeared for the Plaintiff
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