NSW Caselaw
Dust Diseases Tribunal of New South Wales
CITATION : (Re Lorizio) A B & P Constructions Pty Ltd v Amaca Pty Ltd (formerly James Hardie & Coy Pty Ltd) [2006] NSWDDT 19
PARTIES : A B & P Constructions Pty Ltd Amaca Pty Ltd (formerly James Hardie & Coy Pty Ltd)
MATTER NUMBER(S) : 395 of 2004/1
JUDGMENT OF: Duck J at 1
Dust Diseases Tribunal :- Cross Claim seeking contribution or indemnity. CATCHWORDS: Supplier knew of the risks the employer was unaware of them. No duty to warn about competitors' asbestos products. No duty to remove asbestos products from the market. What is just and equitable in the circumstances?
LEGISLATION CITED: Dust Diseases Tribunal Act 1989, s 25(3) Law Reform (Miscellaneous Provisions) Act 1946, s5
BI Contracting Pty Limited v The Public Trustee of South Australia and Anor; CSR Limited v The Public Trustee of South Australia and Anor (2005) NSWCA306; Anderson v The City of Enfield (1983) 34SASR 472 at 476; Norton Australia Pty Ltd v Streets Ice Cream Pty Ltd (1968) 120CLR 635; CASES CITED: Thompson v Johnson & Johnson Pty Ltd (1989) ATR 80-278; Wright v Dunlop Rubber Co Ltd and Anor; Cassidy v Same (1972) 13K.I.R.255 at 272; Dovuro Pty Ltd v Wilkins (2001) 182ALR481 at 505; BI Contracting Pty Ltd v Myer Emporium Ltd [(2005) 3 DDCR 142; (2005) NSWCA 305].
DATES OF HEARING: 5/6/7/8 and 9 June 2006 EX TEMPORE JUDGMENT DATE : 06/09/2006
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