(re Eaton) Amaca v CSR Ltd and Ors [2006] NSWDDT 13

Dust Diseases Tribunal of New South Wales

CITATION : (re Eaton) Amaca v CSR Ltd and Ors [2006] NSWDDT 13 This decision has been amended. Please see the end of the judgment for a list of the amendments.

Amaca Pty Ltd (Cross Claimant) CSR Ltd (First Cross Defendant) PARTIES : Carrier Air Conditioning Pty Ltd (Second Cross Defendant) McPherson's Ltd (Third Cross Defendant) Wallaby Grip Ltd (Fourth Cross Defendant) Wallaby Grip (BAE) Pty Ltd (Fifth Cross Defendant)

MATTER NUMBER(S) : 84/03/3

JUDGMENT OF: O'Meally P

CATCHWORDS: Dust Diseases Tribunal :- Cross-Claim - Contribution between tortfeasors - Mesothelioma - Indivisible injury - Cross-claimant and cross-defendants jointly and severally liable to plaintiff - Causal contribution made by products manufactured or distributed by each considered.

DATES OF HEARING: 09/05/2006

DATE OF JUDGMENT: 05/09/2006

EX TEMPORE JUDGMENT DATE : 05/09/2006

Ms W S Strathdee instructed by Phillips Fox appeared for the Cross-Claimant LEGAL REPRESENTATIVES: Mr D J Russell SC instructed by Middletons appeared for the Fourth and Fifth Cross-Defendants

JUDGMENT:

1 In this cross-claim, Amaca Pty Ltd (Amaca) proceeds against Wallaby Grip Ltd (WGL) and Wallaby Grip (BAE) Pty Ltd (WGBAE). WGL and WGBAE are subsequently referred to as the cross-defendants. A cross-claim against Carrier Air Conditioning Pty Ltd was discontinued on 3 September 2004 and another against McPherson's Ltd (McPherson's) was dismissed on 31 March 2006. The cross-claim against the first cross-defendant, CSR Ltd, has been adjourned. 2 On 9 September 2004 Isabella Margaret Eaton, as administrator of her late husband's estate, recovered damages in the Tribunal from Amaca, McPherson's Ltd (McPherson's) and WGL and WGBAE consequent upon the death of her husband from malignant mesothelioma. Damages were agreed in the sum of $227,971.91 and judgment in that sum was entered in her favour.