(Re Linquist) Burroughs Wellcome and Co and QBE Insurance v Wallaby Grip Ltd and Anor [2006] NSWDDT 28

Dust Diseases Tribunal of New South Wales

CITATION : (Re Linquist) Burroughs Wellcome and Co and QBE Insurance v Wallaby Grip Ltd and Anor [2006] NSWDDT 28 This decision has been amended. Please see the end of the judgment for a list of the amendments.

Burroughs Wellcome and Co (Australia) Pty Limited (Formerely known as Peerless Engineering Pty Limited) (First Cross-Claimant) PARTIES : QBE Insurance (Australia) Limited (Second Cross-Claimant) Wallaby Grip Limited (First Cross-Defendant) Wallaby Grip (BAE) Pty Limited (In Liquidation) (Second Cross-Defendant)

MATTER NUMBER(S) : 6082/06/1; 6082/06/2

JUDGMENT OF: O'Meally P

CATCHWORDS: Dust Diseases Tribunal :- Cross-claims - claims resolution process - settlement of plaintiff's claim - does settlement remove cross-claims from the claims resolution process

Dust Diseases Tribunal Act 1989 LEGISLATION CITED: Dust Diseases Tribunal Regulation 2001 Dust Diseases Tribunal Amendment (Claims Resolution) Act 2005

Amaca Pty Ltd v CSR Ltd (2001) 51 NSWLR 476; Wallaby Grip (BAE) Pty Ltd (in Liq) v Eraring Energy (Re James) (2004) 60 NSWLR 701; (2004) 1 DDCR 687; CASES CITED: Amaca Pty Ltd v Cremer and Ors [2006] NSWCA 164; The Commonwealth of Australia v Verwayen (1990) 170 CLR 394; Australian Securities Commission v Marlborough Gold Mines Limited (1993) 177 CLR 485; Giumelli and Anor v Giumelli (1999) 196 CLR 101