NSW Caselaw
Dust Diseases Tribunal of New South Wales
CITATION : (Re Jones-Mashman) Amaca Pty Ltd v CSR Ltd (No. 2) [2009] NSWDDT 24
PARTIES : Amaca Pty Ltd (Cross-Claimant) CSR Ltd (Cross-Defendant)
MATTER NUMBER(S) : 35/97/4
JUDGMENT OF: O'Meally P
CATCHWORDS: DUST DISEASES TRIBUNAL :- partnership formed to manufacture asbestos products - plaintiff exposed to asbestos from partnership product - partnership dissolved by deed - plaintiff contracts mesothelioma - plaintiff awarded damages against user of partnership product - liability of partners to contribute to each other terminated by deed of dissolution - whether Tribunal has equitable jurisdiction - whether Tribunal has jurisdiction under Partnership Act - whether Partnership Act conferred right to contribution - whether partner liable to contribute as tortfeasor
Partnership Act 1892 LEGISLATION CITED: Law Reform (Miscellaneous Provisions) Act 1946 Dust Diseases Tribunal Act 1989
(Re Doughan) CSR Limited v Amaca Pty Ltd [2007] NSWCA 107 (Re Linquist) QBE Insurance (Australia) Ltd v Wallaby Grip Ltd & Ors [2007] NSWCA 43 CASES CITED: Sarkem Pty Ltd v CSR Ltd [2008] NSWDDT 39 Macquarie Pathology Services Pty Ltd v Sullivan (NSWCA 40313/94 28 March 1995, unreported) Ho v Powell (2001) 51 NSWLR 572
DATES OF HEARING: 7 October 2009, 8 October 2009
DATE OF JUDGMENT: 8 October 2009
EX TEMPORE JUDGMENT DATE : 8 October 2009
J C Sheller instructed by DLA Phillips Fox appeared for the Cross-Claimant LEGAL REPRESENTATIVES: D L Williams SC with B C A Bradley instructed by Leigh Virtue & Associates appeared for the Cross Defendant
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