(re Jackson) BlueScope Steel Limited v Allianz Australia Limited [2010] NSWDDT 1

Dust Diseases Tribunal of New South Wales

CITATION : (re Jackson) BlueScope Steel Limited v Allianz Australia Limited [2010] NSWDDT 1 This decision has been amended. Please see the end of the judgment for a list of the amendments.

PARTIES : Bluescope Steel Limited (formerly known as John Lysaght (Australia) Limited) Allianz Australia Limited

MATTER NUMBER(S) : 156 of 2009

JUDGMENT OF: Kearns J

CATCHWORDS: DUST DISEASES TRIBUNAL - Proceedings :- earlier proceedings brought by injured person against insured and another defendant; earlier proceedings settled with insured subject to a verdict and the other defendant obtaining the verdict; claim by insured on policy; insurer resists claim on several grounds set out in its defence; Application to strike out parts of defence; two contentious grounds of defence - (1) defence alleged counsel in earlier proceedings failed to elicit evidence from the injured person that would have assisted insured in later cross-claims. This ground struck out on the basis that counsel had no duty to elicit such evidence, (2) defence also alleged that solicitors for the insured, being privy to insured's file and instructions, though they ceased to act for the insured, continued to act for the other defendant securing an advantageous outcome for it to the detriment of the insured; whether solicitors were in a position of conflict; held that they were on a prima facie basis; this ground of defence held to be good

CASES CITED: James Hardie & Coy Pty Ltd v Seltsam Pty Ltd (1998) 196 CLR 53

DATES OF HEARING: 15/02/2010

DATE OF JUDGMENT: 17 February 2010

Mr T G R Parker SC, instructed by Piper Alderman, appeared for the plaintiff LEGAL REPRESENTATIVES: Mr G Little SC, instructed by Ellison Tillyard Callanan, appeared for the defendant