(Re Verschuren) Amaca Pty Ltd v M & S Whelan Investments Pty Ltd [2010] NSWDDT 2

Dust Diseases Tribunal of New South Wales

CITATION : (Re Verschuren) Amaca Pty Ltd v M & S Whelan Investments Pty Ltd [2010] NSWDDT 2

PARTIES : Amaca Pty Ltd (Respondant Cross-Claimant) M & S Whelan Investments Pty Ltd (Applicant Cross-Defendant)

MATTER NUMBER(S) : 107/2009/1

JUDGMENT OF: O'Meally P

CATCHWORDS: DUST DISEASES TRIBUNAL :- Cross-Claim by defendant - contribution determination - Cross-Defendant fails to comply with regulation - judgment entered on Cross-Claim in accordance with contribution determination - application to set aside or stay judgment - judgment stayed on terms

Dust Diseases Tribunal Regulation 2007 LEGISLATION CITED: Dust Diseases (Standard Presumptions-Apportionment) Order 2007 Uniform Civil Proceedure Act 2005 Uniform Civil Proceedure Rules

CASES CITED: QBE Insurance (Australia) Ltd v Wallaby Grip Ltd and Ors [2007] NSWCA 43

DATES OF HEARING: 16 February 2010

DATE OF JUDGMENT: 16 February 2010

EX TEMPORE JUDGMENT DATE : 16 February 2010

S Shnider of Goldhirsch & Shnider appeared for the Applicant Cross-Defendant LEGAL REPRESENTATIVES: W S Strathdee instructed by DLA Phillips Fox appeared for the Defendant Cross-Claimant

JUDGMENT:

RULING O'MEALLY P 1. This is an application by M & S Whelan Investments Pty Ltd (Whelan) to set aside the judgment entered on 14 December 2009 in a cross-claim in which Whelan was cross-defendant and Amaca Pty Ltd (Amaca) was cross-claimant.

2. In the principal proceedings, the plaintiff, Linda Patricia Verschuren, sued Amaca alleging that in the course of her employment by Whelan, she had been exposed to asbestos dust and fibre which emanated from products manufactured by Amaca's predecessor.