NSW Caselaw
Dust Diseases Tribunal New South Wales Medium Neutral Citation: Bluescope Steel Limited v Allianz Australia Limited [2013] NSWDDT 3 Hearing dates: 10, 11, 12, 13, 14 December 2012; 7 February 2013 Decision date: 15 March 2013 Before: Judge MJ Finnane QC Decision: See Paragraph 114 Catchwords: DUST DISEASES - asbestos - mesothelioma - exposure during course of employment INSURANCE - indemnity - breach of insurance contract - deed of release - claim of prejudice by insurer - failure to notify insurer of claim against insured - breach of term of contract - existence of insurance contract PROFESSIONAL NEGLIGENCE - same solicitor and counsel appearing for both defendants in substantive proceedings - prejudicial conduct Legislation Cited: Insurance Act 1902 Workers Compensation Act 1926 Dust Diseases Tribunal Legislation 2007 Uniform Civil Procedure Rules 2005 Cases Cited: Browne v Dunn (1894) 6 R. 67 HL Bluescope Steel Ltd v Allianz Australia Ltd [2008] NSWDDT 24 James Hardie v Seltsam (1998) 196 CLR 53 Category: Principal judgment Parties: Bluescope Steel Limited (Cross-Claimant) Allianz Australia Limited (Cross-Defendant) Representation: Mr TGR Parker SC with Mr GJ Parker SC (Cross-Claimant)
Mr GF Little SC with Mr DT Miller SC (Cross-Defendant) Piper Alderman (Bluescope Steel Limited) Ellison, Tillyard, Callanan (Allianz Australia Limited) File Number(s): 6166/06/1
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