NSW Caselaw
Dust Diseases Tribunal of New South Wales
CITATION : Babcock Australia Pty Limited v Bradford Insulation Industries Pty Limited [2010] NSWDDT 12
Babcock Australia Pty Limited PARTIES : Bradford Insulation Industries Pty Limited CSR Ltd
MATTER NUMBER(S) : 168; 168/CC1 of 2009
JUDGMENT OF: Curtis J at 1
CATCHWORDS: Claims Resolution Process - DUST DISEASES TRIBUNAL - Proceedings :- Cross-Claim - Statement of Claim
Law Reform (Miscellaneous Provisions) Act 1946 (NSW) s5 Dust Diseases Tribunal Regulation 2007 (NSW) cl14, cl19, cl47, cl49, cl54, cl55, cl56, cl57, cl58 LEGISLATION CITED: Civil Procedure Act 2005 (NSW) s3, s22, s90 Dust Diseases Tribunal Act 1989 (NSW) s11(1A) Uniform Civil Procedure Rules 2005 (NSW) R6.2, R6.3, R9.1, R28.2
CASES CITED: Power Technologies Pty Limited v Energy Australia [2010] NSWCA 107 Wallaby Grip Ltd v Klinger Ltd [2009] NSWDDT 13 (22 May 2009)
TEXTS CITED: Report on the Review of the Dust Diseases Claims Resolution Process
DATES OF HEARING: 30 July 2010
DATE OF JUDGMENT: 10 August 2010
LEGAL REPRESENTATIVES: Mr D Miller instructed by Moray and Agnew appeared for Babcock Australia Pty Limited
Mr G M Watson SC instructed by Colin Biggers and Paisley appeared for CSR Ltd and Bradford Insulation Industries Pty Limited
JUDGMENT:
Dust Diseases Tribunal of New South Wales Matter number DDT168 of 2009 and DDT168/09/CC1 Babcock Australia Pty Limited (Applicant) v Bradford Insulation Industries Pty Limited (First Respondent) and CSR Ltd (Second Respondent) 10 August 2010 RULING CURTIS J Introduction 1. On 9 May 2009 the Tribunal entered judgment for a plaintiff, Mr Kirkpatrick, against Babcock Australia Pty Limited (Babcock) in the sum of $1,771,640 plus costs. On 30 June 2009 Babcock filed a statement of claim in the Tribunal claiming contribution to this judgment from Amaca Pty Limited, Wallaby Grip Ltd (WGL), Wallaby Grip BAE Pty Limited, (BAE) and Bradford Insulation Industries Pty Limited, (Bradford) pursuant to the Law Reform (Miscellaneous Provisions) Act 1946. Amaca has cross-claimed against CSR Ltd (CSR). 2. By letter of 26 October 2009 Babcock requested the Registrar of the Tribunal to exercise the power conferred by clause 49 of the Dust Diseases Tribunal Regulation 2007 and appoint a Contributions Assessor to determine apportionment between the parties in accordance with the "Claims Resolution Process" established by Part 4 of the Regulation. 3. On 13 November 2009 Mr James Kearney, the assessor duly appointed by the registrar, determined that the contributions of the parties were to be as follows: Party per cent Babcock 48.00 Amaca 13.00 WGL 1.69 BAE 11.31 Bradford 13.00 CSR 13.00 TOTAL 100.00
We try to embed the page this law was scraped from. If the site blocks framing, you still get the link and a local excerpt.
Last checked with source on —
Checking whether the official page can be embedded…
Plain-English simplify of this law: a short summary, key points, and both sides of the argument. Generated on first view via Replicate, then cached. Vote on what helps your study.
No study brief is cached for this law yet. Sign up to generate a plain-English brief.
Sign up to generate