Amaca Pty Limited v Seltsam Pty Limited (Re: Donkin) [2018] NSWDDT 1

Dust Diseases Tribunal New South Wales Medium Neutral Citation: Amaca Pty Limited v Seltsam Pty Limited (Re: Donkin) [2018] NSWDDT 1 Hearing dates: 6 February 2018 Date of orders: 09 February 2018 Decision date: 09 February 2018 Before: Judge D. Russell Decision: (1) Judgment for the cross-claimant against the cross-defendant for $185,000; (2) Order that such judgment take effect on the date on which the cross-claimant made payment to the plaintiff in satisfaction of the Consent Judgment entered on 21 July 2016. (3) Order the cross-defendant to pay the cross-claimant's costs . (4) Grant leave to the parties to seek any different costs order if so advised. Catchwords: DUST DISEASES – contribution between tortfeasors – whether plaintiff exposed to products of two asbestos suppliers – relative blameworthiness equal – causal potency depends of level of exposure to each supplier's products.

DAMAGES – contribution – joint tortfeasors – considerations relevant to responsibility of each tortfeasor for damage – amount of contribution that is just and equitable. Legislation Cited: Law Reform (Miscellaneous Provisions) Act 1946 Dust Diseases Tribunal Act 1989 Dust Diseases Tribunal Regulation 2013 Cases Cited: Seltsam Pty Limited v Amaca Pty Limited (Re: Mark Patrick Noonan) DDT 130/14/1 Macquarie Pathology Service Pty Limited v Sullivan (NSWCA unreported, 28 March 1995) Category: Principal judgment Parties: Amaca Pty Limited (cross-claimant) Seltsam Pty Limited (cross-defendant) Representation: Counsel: J. Sheller (cross-claimant) B. Ilovski (cross-defendant)