(Re: Compton); Amaca v Seltsam [2005] NSWDDT 21

Dust Diseases Tribunal of New South Wales

CITATION : (Re: Compton); Amaca v Seltsam [2005] NSWDDT 21

(Re: Ronald Compton) PARTIES : Amaca pty Ltd ( formerly known as James Hardie & Coy Pty Ltd) (Cross Claimant) Seltsam Pty Ltd (Cross-Defendant)

MATTER NUMBER(S) : DDT 122/99/1

JUDGMENT OF: O'Meally P

CATCHWORDS: :- Cross claim for contribution - exposure to products of two manufacturers - determination of causal contribution made by each - contribution assessed

LEGISLATION CITED: Dust Disease Tribunal Act, 1989

DATES OF HEARING: 17th May 2005

EX TEMPORE JUDGMENT DATE : 05/17/2005

Counsel: E G M Cox (Cross Claimant) instructed by Holman Webb LEGAL REPRESENTATIVES: Counsel: D M Jay (Cross Defendant) instructed by Toomey Pegg Drevikovsky

JUDGMENT:

O'MEALLY P

1. This is a cross-claim by Amaca Pty Ltd (Amaca) claiming contribution from Seltsam Limited (Seltsam).

2. On 24 September 1999 Ronald Eric Compton (the plaintiff) issued a statement of claim against James Hardie & Coy Pty Ltd (JHC) claiming damages. He alleged that he had been negligently exposed to asbestos dust and fibre which emanated from products manufactured by JHC in whose shoes Amaca now stands, and as a result contracted mesothelioma.

3. On 30 September 1999, the plaintiff's action was fixed for hearing before my colleague Duck J. His Honour heard the case on 13, 14, 15 and 16 December 1999 and on the last date, 16 December 1999, found a verdict for the plaintiff and entered judgment in the sum of $383,263.

4. In the course of the plaintiff's evidence, he conceded that he had been exposed to asbestos which came from products manufactured by Wunderlich Ltd (Wunderlich), in whose shoes Seltsam now stands. This cross-claim, pursuant to leave granted some time before 17 December 1999, was issued on 29 February 2000. The issue for my determination is the extent to which each of Amaca and Seltsam should bear liability to contribute to the damages awarded to the plaintiff.