CSR Limited v Amaca Pty Limited [2008] NSWCA 329

New South Wales Court of Appeal

CITATION: CSR Limited v Amaca Pty Limited [2008] NSWCA 329 This decision has been amended. Please see the end of the judgment for a list of the amendments.

HEARING DATE(S): 8 September 2008

JUDGMENT DATE: 3 December 2008

JUDGMENT OF: Beazley JA at 1; Giles JA at 83; Young CJ in Eq at 84

CA 40832/07: the McDonald matter: 1. Appeal allowed; 2. Judgment and orders of O'Meally P in the Dust Diseases Tribunal made 14 September 2007 set aside; 3. Judgment for the appellant, CSR Limited, against the respondent, Amaca Pty Limited, on the cross-claim; DECISION: 4. The respondent is to pay the appellant's costs of the appeal and at first instance. CA 40664/07: the Jones-Mashman matter: 1. Appeal allowed; 2. Judgment and orders of O'Meally P in the Dust Diseases Tribunal made 30 August 2007 set aside; 3. Remit the matter to the Dust Diseases Tribunal for determination of any outstanding issues between the parties; 4. The respondent is to pay the appellant's costs of the appeal and to date at first instance.

CATCHWORDS: PARTNERSHIP- construction of partnership agreement – where partner makes a cross-claim for contribution from other partner under indemnity clause – indemnity clause operates in relation to claims that extended beyond the partnership period - PARTNERSHIP – construction of deed of dissolution - release held to protect the parties from any claim, past, present or future that one partner might have had under its right of indemnity - DUST DISEASES – causation – party is liable if its negligence was a cause of, or contributed to the harm suffered - DUST DISEASES – Dust Diseases Tribunal – jurisdiction to hear claims and cross-claims made in respect of allegations of a dust-related condition