(re Stavar) Amaca Pty Ltd v CSR Ltd [2008] NSWDDT 29

Dust Diseases Tribunal of New South Wales

CITATION : (re Stavar) Amaca Pty Ltd v CSR Ltd [2008] NSWDDT 29

PARTIES : Amaca Pty Ltd (Cross-Claimant) CSR Ltd (Cross-Defendant)

MATTER NUMBER(S) : 7349/07/2

JUDGMENT OF: O'Meally P

CATCHWORDS: DUST DISEASES TRIBUNAL :- Plaintiff recovers damages - Cross-claim - Contributions determination - Whether cross-claimant entitled to verdict and judgment in accordance with contributions determination

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

DATES OF HEARING: 1 October 2008

DATE OF JUDGMENT: 1 October 2008

EX TEMPORE JUDGMENT DATE : 1 October 2008

J C Sheller instructed by DLA Phillips Fox appeared for the Cross-Claimant LEGAL REPRESENTATIVES: W P Y Austron instructed by Leigh Virtue & Associates appeared for the Cross-Defendant

JUDGMENT:

RULING O'MEALLY P 1. Amaca Pty Limited (Amaca) seeks an order that CSR Limited (CSR) pay to it 6.35 per cent of $339,000. 6.35 per cent is the proportion determined by a contributions assessor as that which CSR should contribute to the plaintiff's damages. The application is resisted by Mr Austron for CSR solely on the basis that it is premature. He says that in light of the findings made in the plaintiff's proceedings, it is inevitable that there will be disputes between the defendants on the amounts or percentages each should contribute to the plaintiff's damages and in due course these disputes will require determination by the Tribunal.

2. That is as well may be, but the Regulation has produced some peculiar consequences, some of which were referred to by Handley A-JA in QBE Insurance (Australia) Limited v Wallaby Grip Limited and Ors [2007] NSWCA 43.