Jaron Holdings Pty Limited v Amaca Pty Limited [2017] NSWDDT 4

Dust Diseases Tribunal New South Wales Medium Neutral Citation: Jaron Holdings Pty Limited v Amaca Pty Limited [2017] NSWDDT 4 Hearing dates: 1 June 2017 Date of orders: 09 June 2017 Decision date: 09 June 2017 Before: Judge D. Russell Decision: 1 Order the plaintiff to pay the defendant $214,804.48.

2 Direct the parties to file written submissions on the question of costs of the motion as follows:

(a) the defendant's submissions to be filed and served within 14 days of the date of delivery of this judgment;

(b) the plaintiff's submissions in reply to be filed and served within a further 14 days;

(c) the defendant's submissions in reply to be filed within a further 7 days.

3 Reserve the question of costs of the motion to be dealt with by a further judgment after receipt of the written submissions as set out above. Catchwords: DUST DISEASES - contribution - monies paid under compulsion after a Contributions Assessment determination – whether payee should pay interest upon principal amount when payer obtains a better result – restitution Legislation Cited: Dust Diseases Tribunal Regulation 2013; Law Reform (Miscellaneous Provisions) Act 1946; Dust Diseases Tribunal Regulation 2007; Civil Procedure Act 2005 Cases Cited: Commonwealth of Australia v McCormack [1984] HCA 57; (1984) 155 CLR 273 James Hardie & Coy Pty Ltd v Seltsam Pty Ltd [1998] HCA 78; (1998) 196 CLR 53 MPB (SA) Pty Limited v Gogic [1991] HCA 3; (1991) 171 CLR 657 Pavey & Matthews Pty Limited v Paul [1987] HCA 5; (1987) 162 CLR 221 Power Technologies Pty Limited v Energy Australia [2010] NSWCA 107 Production Spray Painting v Newnham (No. 2) (1992) 27 NSWLR 659 Texts Cited: Mason & Carter's Restitution Law in Australia, 3rd edition, LexisNexis, 2016 Category: Consequential orders (other than Costs) Parties: Jaron Holdings Pty Limited (plaintiff); Amaca Pty Limited (defendant) Representation: Counsel: Mr J Sheller appeared for the applicant/defendant; Mr D Toomey SC appeared for the respondent/plaintiff