Amaca Pty Ltd v Wallaby Grip [2005] NSWDDT 42

Dust Diseases Tribunal of New South Wales

CITATION : Amaca Pty Ltd v Wallaby Grip [2005] NSWDDT 42

Amaca Pty Ltd PARTIES : Wallaby Grip (NSW) Pty Ltd

MATTER NUMBER(S) : 334 of 01/1

JUDGMENT OF: Walker J

:- K-Lite Asbestos

CATCHWORDS: Asbestos Insulation Queensland Law Reform Act.

LEGISLATION CITED: Queensland Law Reform Act 1995, s 5 & 6,

Amaca Pty Ltd v Wallaby Grip (BAE) Pty Ltd DDT NO 37 of 2001; CASES CITED: James Hardie v Roberts (1999) 18 NSWCCR 500

DATES OF HEARING: 13th 14th December 2004

DATE OF JUDGMENT: 05/26/2005

EX TEMPORE JUDGMENT DATE : 07/21/2005

Cross Claimant: Mr G Parker LEGAL REPRESENTATIVES: Second Cross Defendant: Mr D Russell with A Scotting

JUDGMENT:

15

WALKER J JUDGMENT Background To Claim

1. Barry Kenneth Caldwell by amended statement of claim issued on 1 July 2003 sued SC Energy Limited; Amaca Pty Limited; Wallaby Grip (NSW) Pty Ltd and Wallaby Grip (BAE) Pty Ltd for damages for negligence alleging that as a consequence of inhaling asbestos dust and fibre at the Swanbank Power Station Queensland between 1970 and 1972 he contracted asbestos related pleural disease, pleural plaque, asbestosis and benign asbestos pleural plaques. 2. The basis of the claim against CS Energy Limited was that it employed the plaintiff as a trades assistant and later an administrator at the Power Station and failed to provide him with a safe system of work. 3. The basis of the claim against Amaca Pty Ltd was it was the manufacturer and supplier of asbestos insulations products to the Power Station to which the plaintiff was exposed causing him damage. 4. The basis of the claim against Wallaby Grip (NSW) Pty Ltd was that it was responsible of asbestos lagging work at the Power Station between 1970 and 1972 using insulation products manufactured by Amaca Pty Ltd and Wallaby Grip (BAE Pty Ltd to which the plaintiff was exposed as a bystander causing him damage. 5. The basis of the claim against Wallaby Grip (BAE) Pty Ltd was that it manufactured and supplied asbestos insulation products used at the Power Station to which the plaintiff was exposed causing him damage. 6. On the 1 July 2003 judgment was entered against all four defendants. 7. Prior to judgment Amaca Pty Ltd issued a cross claim against CSR Limited and Wallaby Grip (NSW) Pty Ltd. That cross claim was amended on the 29 July 2003. 8. The claim against CSR Limited was severed from these proceedings. 9. The basis of the cross claim against Wallaby Grip (NSW) Pty Ltd was that it supplied to the Power Station products manufactured by Amaca to which the plaintiff was exposed and were causative of his disease. The allegation pleaded was that 95% of the Amaca products to which the plaintiff was exposed were supplied by Wallaby Grip (NSW) Pty Ltd.