(re Millard) Energy Australia and Anor v Power Technologies Pty Ltd [2008] NSWDDT 11

Dust Diseases Tribunal of New South Wales

CITATION : (re Millard) Energy Australia and Anor v Power Technologies Pty Ltd [2008] NSWDDT 11

PARTIES : Energy Australia (Cross-Claimant to the first Cross-Claim) Eraring Energy (Cross-Claimant to the second Cross-Claim)

MATTER NUMBER(S) : 6124/2006/1; 6124/2006/2

JUDGMENT OF: O'Meally P

CATCHWORDS: DUST DISEASES TRIBUNAL :- cross claim - application to set down for hearing

LEGISLATION CITED: Dust Diseases Tribunal Regulation 2007

DATES OF HEARING: 15 April 2008

DATE OF JUDGMENT: 15 April 2008

EX TEMPORE JUDGMENT DATE : 15 April 2008

J C Sheller instructed by Goldrick Farrell Mullan appeared for the Cross-Claimants LEGAL REPRESENTATIVES: T M Rowles instructed by Carroll & O'Dea appeared for the Cross-Defendant

JUDGMENT:

RULING O'MEALLY P 1. Yesterday these cross-claims were listed in the usual Monday interlocutory list to deal with a notice of motion filed on 13 March 2008. It is surprising that the matters were brought before the Court by way of notice of motion, but seemingly that was a result of agreement between the cross-claimants and the cross-defendant.

2. The circumstances of the cross-claims were adverted to in the decision in (Re Millard) Eraring Energy and Anor v Power Technologies [2007] NSW DDT 24. That was a notice of motion brought by the cross-claimants seeking orders pursuant to s 90 of the Civil Procedure Act 2005 that Power Technologies Pty Ltd (Power Technologies), the cross-defendant to each of the cross-claims, pay sums of money together with interest to the cross-claimants. The amounts of money were paid. They represented percentages assessed by a contributions assessor as contributions which should be made to a judgment obtained by the plaintiff. When it was indicated yesterday that cross-claims should be listed for hearing, Mr Sheller of counsel who appears for the cross-claimants, asked that reasons for that order be given. I was not in a position to deal with his request yesterday by reason of the state of the list, and the matter was stood over until today.