Power Technologies Pty Limited v State Insurance Regulatory Authority & Ors; (Re: Peter Watson) [2017] NSWDDT 13

Dust Diseases Tribunal New South Wales Medium Neutral Citation: Power Technologies Pty Limited v State Insurance Regulatory Authority & Ors; (Re: Peter Watson) [2017] NSWDDT 13 Hearing dates: 4 December 2017 Date of orders: 07 December 2017 Decision date: 07 December 2017 Before: Judge D. Russell Decision: (1) Order the fourth cross-defendant to indemnify the defendant/cross-claimant for:

(a) the defendant's share of the damages and costs payable by the defendant to the plaintiff;

(b) the defendant's costs of defending the plaintiff's claim.

(2) Grant leave to any party pursuant to s 13(6) of the Dust Diseases Tribunal Act 1989 to seek a reconsideration of that part of the judgment dealing with s 151AB(1)(b) and s 151AB(2) of the Workers Compensation Act 1987.

(3) Reserve the issue of costs of the Amended Second Cross-Claim.

(4) List the matter for Directions at 9.30am on Thursday, 14 December 2017 to deal with any application for reconsideration and any applications for costs.

(5) Note that at the Directions Hearing on 14 December 2017, I expect all parties to be in a position to deliver a timetable for the further consideration of any outstanding matters. Catchwords: DUST DISEASES – claim by worker against employer for damages for mesothelioma – claim by employer against workers compensation insurer for indemnity – multiple sequential insurers

DUST DISEASES – s 151AB Workers Compensation Act 1987 – worker last employed by the employer in employment to the nature of which the disease was due – kind of work being done – worker exposed to real risk of disease – not necessary to prove causation in fact