Amaca Pty Limited (ACN 000 035 512 under NSW Administered winding up) v CSR Limited [2017] NSWDDT 2

Dust Diseases Tribunal New South Wales Medium Neutral Citation: Amaca Pty Limited (ACN 000 035 512 under NSW Administered winding up) v CSR Limited [2017] NSWDDT 2 Hearing dates: 10 March 2017 Date of orders: 29 March 2017 Decision date: 29 March 2017 Before: Judge AC Scotting Decision: 1 I am satisfied on the balance of probabilities that the answers to the questions posed in [6] should be answered in the affirmative. 2 Amaca is entitled to a verdict on the cross-claim. 3 I direct that the parties bring in short minutes of order to finalise the cross-claim in accordance with their agreement. Catchwords: DUST DISEASES – mesothelioma – illness – asbestos – exposure – extent of exposure – causal connection – diagnosis PROCEDURAL – contribution between defendants – cross-claim OTHER – partnership agreement – partnership product – partnership deed EVIDENCE – circumstantial evidence – civil onus Cases Cited: Seltsam Pty Ltd v McGuiness (2000) 49 NSWLR 262 Belhaven and Stenton Peerage (1875) 1 App Cas 278 Luxton v Vines (1952) 85 CLR 352 Caswell v Powell Duffryn Associated Collieries Ltd [1940] AC 142 Category: Principal judgment Parties: Amaca Pty Limited (ACN 000 035 512 under NSW Administered winding up) (Plaintiff) CSR Limited (Defendant) Representation: Counsel:

JC Sheller (Plaintiff) B Ilkovski (Defendant)

Solicitors:

Mills Oakley (Plaintiff) Colin Biggers Paisley (Defendant) File Number(s): 370/15