Power Technologies Pty Ltd v Energy Australia [2010] NSWCA 107

New South Wales Court of Appeal

CITATION: Power Technologies Pty Ltd v Energy Australia [2010] NSWCA 107

HEARING DATE(S): 31 March 2010

JUDGMENT DATE: 14 May 2010

JUDGMENT OF: Allsop P at 1; Beazley JA at 7; Sackville AJA at 8

(1) Appeal allowed. (2) Set aside the orders made by Judge Kearns on 13 February 2009. DECISION: (3) Remit the proceedings to the Dust Diseases Tribunal for determination or the making of orders consistent with this judgment. (4) The respondents pay the appellant's costs of the appeal, including the application for leave to appeal. (5) The respondents, if otherwise qualified, have a certificate under the Suitors' Fund Act 1951.

CATCHWORDS: DUST DISEASES TRIBUNAL–claim for damages in Tribunal – cross-claims by defendants seeking contribution from third party–claims resolution process–apportionment determination by a Contributions Assessor-position of cross-defendant which is forced to contribute under the apportionment determination but denies liability–whether necessary for cross-defendant to institute fresh proceedings–whether cross-defendant bears onus of proof–powers of Tribunal in determining cross-claims.

Civil Procedure Act 2005 Dust Diseases Tribunal Act 1989 Dust Diseases Tribunal Amendment (Claims Resolution) Act 2005 Dust Diseases Tribunal Regulation 2001 LEGISLATION CITED: Dust Diseases Tribunal Regulation 2007 Dust Diseases Tribunal (Standard Presumptions—Apportionment) Order 2005 Dust Diseases Tribunal (Standard Presumptions—Apportionment) Order 2007 Law Reform (Miscellaneous Provisions) Act 1946 Limitation Act 1969 Suitors' Fund Act 1951