(Re Ali Berro As Executor of the Estate of the late Ahmad Berro) Sate of New South Wales v Amaba Pty Ltd [2017] NSWDDT 15

Dust Diseases Tribunal New South Wales Medium Neutral Citation: (Re Ali Berro As Executor of the Estate of the late Ahmad Berro) Sate of New South Wales v Amaba Pty Ltd [2017] NSWDDT 15 Hearing dates: 20 September 2017 Date of orders: 15 December 2017 Decision date: 15 December 2017 Before: Judge AC Scotting Decision: 1. Verdict for the Cross-Claimant on the Cross-Claim. 2. I direct that the parties bring in short minutes of order to give effect to this judgment. 3. I will hear the parties on costs. Catchwords: DUST DISEASES – mesothelioma – extent of exposure – exposure of plaintiff

PROCEDURAL – cross-claim – contributions assessment – contributions between parties Legislation Cited: Dust Diseases Tribunal Act 1989 s.25(3) Law Reform (Miscellaneous Provisions) Act 1946 s.5 Cases Cited: Seltsam Pty Ltd v McGuiness at (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 CSR Ltd v Wren (1998) Aust Torts Reports 81-461 Booth v Amaba Pty Ltd [2010] NSWDDT 8 Podrebersek v Australian Iron and Steel (1985) 59 ALJR 492 Category: Principal judgment Parties: State of New South Wales (Cross-Claimant) Amaba Pty Ltd (Cross-Defendant) Representation: Counsel: Mr DT Miller SC (Cross-Claimant) Mr JC Sheller (Cross-Defendant)