NSW Caselaw
New South Wales Court of Appeal CITATION : BITUPAVE LTD v McMAHON & ORS [1999] NSWCA 330 FILE NUMBER(S) : CA 40387/97 HEARING DATE(S) : 25 June 1999 JUDGMENT DATE : 13 September 1999
PARTIES : BITUPAVE LTD v GRAHAME LYLE McMAHON & ORS JUDGMENT OF : Mason P at 1; Meagher JA at 54; Cole AJA at 66
LOWER COURT JURISDICTION : Dust Diseases Tribunal LOWER COURT FILE NUMBER(S) : DDT 145/96 LOWER COURT JUDICIAL OFFICER : Curtis J
COUNSEL : J D Hislop QC and D Miller (Appellant) G Little (2nd and 3rd Respondents) SOLICITORS : Moray & Agnew (Appellant) McCulloch & Buggy (Respondents) CATCHWORDS : DUST DISEASES - Exposure of respondent to asbestos by successive employers - respondent contracted mesothelioma ; APPORTIONMENT OF LIABILITY - s5(2) Law Reform (Miscellaneous Provisions) Act 1946 - Comparison of parties' relative culpability - Consideration of relative blameworthiness and relevant causal potency - No medical basis to determine other than that all exposure was equally relevant - Exercise of apportionment task by trial judge - Whether entitled to have regard to factors indicating varying lengths, degree and knowledge of exposure by employers; Discussion of apportionment proposition in E M Baldwin & Son Pty Ltd v Plane (1999) Aust Torts Reports 91-499 DECISION : Dismissed with costs
THE SUPREME COURT OF NEW SOUTH WALES COURT OF APPEAL CA 40387/97 DDT 145/96 MASON P MEAGHER JA COLE AJA
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