CSR Ltd v Wallaby Grip Ltd [2012] NSWCA 154

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: CSR Ltd v Wallaby Grip Ltd [2012] NSWCA 154 Hearing dates: 16 May 2012 Decision date: 30 May 2012 Before: Beazley JA at 1; Basten JA at 2; Whealy JA at 47 Decision: (1) Grant the applicant leave to appeal from the orders made in the Dust Diseases Tribunal on 2 August 2011. (2) Direct that the draft notice of appeal be filed within 7 days. (3) Dismiss the appeal. (4) Order the applicant to pay the respondents' costs in this Court. [Note: The Uniform Civil Procedure Rules 2005 provide (Rule 36.11) that unless the Court otherwise orders, a judgment or order is taken to be entered when it is recorded in the Court's computerised court record system. Setting aside and variation of judgments or orders is dealt with by Rules 36.15, 36.16, 36.17 and 36.18. Parties should in particular note the time limit of fourteen days in Rule 36.16.] Catchwords: DUST DISEASES TRIBUNAL - claims resolution process - apportionment between joint tortfeasors - multiple claims and cross-claims between joint tortfeasors - Dust Diseases Tribunal ordered first tortfeasor to pay second tortfeasor although second tortfeasor had not commenced proceedings against first tortfeasor - whether order properly made - discussion of QBE Insurance (Australia) Ltd v Wallaby Grip Ltd [2007] NSWCA 43; 4 DDCR 331; Power Technologies Pty Ltd v Energy Australia [2010] NSWCA 107; Bradford Insulation Industries Pty Ltd v Babcock Australia Pty Ltd [2011] NSWCA 117 - Dust Diseases Tribunal Regulation 2007 (NSW), Pt 4 Div 6 Legislation Cited: Dust Diseases Tribunal Amendment (Claims Resolution) Act 2005 (NSW), Sch 2 Dust Diseases Tribunal Regulation 2001 (NSW), Pt 4, cll 40-44 Dust Diseases Tribunal Regulation 2007 (NSW), Pt 4, Div 5; Div 6, cll 13, 14, 19, 47, 48, 49, 51, 52, 53, 54, 55, 57, 58 Law Reform (Miscellaneous Provisions) Act 1946 (NSW), s 5 Cases Cited: Bradford Insulation Industries Pty Ltd v Babcock Australia Pty Ltd [2011] NSWCA 117 Power Technologies Pty Ltd v Energy Australia [2010] NSWCA 107 QBE Insurance (Australia) Ltd v Wallaby Grip Ltd [2007] NSWCA 43; 4 DDCR 331 Category: Principal judgment Parties: CSR Ltd (Applicant) Wallaby Grip Ltd (First Respondent) Wallaby Grip B.A.E. Pty Ltd (under external administration (Second Respondent) Representation: Counsel: