Talifero v Asbestos Injuries Compensation Fund Limited as Trustee for the Asbestos Injuries Compensation Fund (No 2) [2018] NSWCA 323

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Talifero v Asbestos Injuries Compensation Fund Limited as Trustee for the Asbestos Injuries Compensation Fund (No 2) [2018] NSWCA 323 Hearing dates: On the papers Decision date: 18 December 2018 Before: Beazley P and Sackville AJA at [1]; Emmett AJA at [22] Decision: 1. Grant leave to the respondent (Trustee) to file an amended summons in the form of the document annexed to the short minutes of order filed by the appellant (Estate) and marked "A". 2. Direct the amended summons be filed within seven days. 3. In lieu of Order 1 made by the primary Judge on 4 May 2018 make the following order: Pursuant to s 55 of the James Hardie Former Subsidiaries (Winding Up and Administration) Act 2005 (NSW) order that Asbestos Injuries Compensation Fund Ltd as Trustee for the Asbestos Injuries Compensation Fund be advised that it is obliged to pay the whole of the liability of Amaca Pty Ltd (formerly known as James Hardie & Coy Pty Ltd) under the judgment given in favour of Anthony David Talifero (as legal personal representative of the Estate of the late Francis John Talifero) on 11 December 2017 (including the liability under that judgment to pay pre- and post- judgment interest and costs). 4. Order that the appellant's costs of the appeal be paid by the respondent from assets of the Asbestos Injuries Compensation Fund on the indemnity basis (as agreed or assessed). Catchwords: CIVIL PROCEDURE – leave to amend summons – where amendment will enable judicial advice under s 55 of the James Hardie Former Subsidiaries (Winding Up and Administration) Act 2005 (NSW)