(re Dargan) Amaca Pty Limited v Northern Sydney Area Health Service & Ors [2017] NSWDDT 1

Dust Diseases Tribunal New South Wales Medium Neutral Citation: (re Dargan) Amaca Pty Limited v Northern Sydney Area Health Service & Ors [2017] NSWDDT 1 Hearing dates: 28 February 2017 Decision date: 16 March 2017 Before: Kearns J Decision: There will be a verdict and judgment for Amaca against Northern Health in the sum of $68,625 and against Hunter Health in the sum of $33,750. Catchwords: Dust Diseases – cross claim – mesothelioma – statutory compensation paid to plaintiff by WorkCover Queensland – agreement between WorkCover Queensland and plaintiff that in proceedings against Amaca Pty Limited, plaintiff may retain 20% of proceeds if proceeds less than compensation received – proceedings by plaintiff against Amaca Pty Limited – plaintiff's proceedings settled for less than compensation received – whether the agreement resulted in plaintiff receiving double compensation – if so, whether Amaca Pty Limited and cross defendants were not "liable in respect of (the) damage" suffered by the plaintiff within the meaning of s 5 Law Reform (Miscellaneous Provisions) Act 1946 (NSW) such that Amaca Pty Limited could not claim contribution from the cross defendants Legislation Cited: Workers' Compensation Act 2003 (Qld); Law Reform (Miscellaneous Provisions) Act 1946 (NSW); Workers' Compensation and Rehabilitation Act 2003 (Qld) Cases Cited: Redding v Lee (1982-3) 151 CLR 117; Manser v Spry (1994) 181 CLR 428; Harris v Commercial Minerals Ltd (1995-6) 181 CLR 1; The National Insurance Company of New Zealand Ltd v Espagne (1961) 105 CLR 569 Category: Principal judgment Parties: Amaca Pty Limited (Cross-Claimant); Northern Sydney Area Health Service (First Cross-Defendant); Hunter and New England Area Health Service (Second Defendant); State of Queensland (Third Cross-Defendant) Representation: Counsel: Mr J Sheller appeared for the Cross-Claimant; Mr D Miller SC with Mr M Smith appeared for the first and second Cross-Defendants)