Amaca Pty Limited v AAI Limited (Re Simpson) [2019] NSWDDT 11

Dust Diseases Tribunal New South Wales Medium Neutral Citation: Amaca Pty Limited v AAI Limited (Re Simpson) [2019] NSWDDT 11 Hearing dates: 10 December 2019 Date of orders: 13 December 2019 Decision date: 13 December 2019 Before: Russell SC DCJ Decision: (1) Dismiss the defendant's Notice of Motion filed on 27 November 2019. (2) Order the defendant to pay the costs of AAI Limited of the Motion. Catchwords: CONTRIBUTION – whether defendant tortfeasor can obtain leave to sue the insurer of a concurrent tortfeasor which has been deregistered - Civil Liability (Third Party Claims Against Insurers) Act 2017 (NSW) ss 3, 4, 5

CONTRIBUTION – whether a claim for contribution is a claim for damages - Law Reform (Miscellaneous Provisions) Act 1946 (NSW) s 5 Legislation Cited: Civil Liability Act 2002 (NSW) Civil Liability (Third Party Claims Against Insurers) Act 2017 (NSW) Law Reform (Married Women and Tortfeasors) Act 1935 (Eng) Law Reform (Miscellaneous Provisions) Act 1946 (NSW) Trade Practices Act 1974 (Cth) Cases Cited: Merryweather v Nixan (1799) 8 TR 186; 101 ER 1337 Murphy, McCarthy and Associates Pty Limited v Zurich Australian Insurance Limited [2018] NSWSC 627 Texts Cited: Civil Liability (Third Party Claims Against Insurers) Bill 2017 (NSW), Second Reading Speech (Legislative Council 3 May 2017) Law Reform (Miscellaneous Provisions) Bill 1946 (NSW), First Reading Speech (Legislative Assembly 5 March 1946) Luntz, "Assessment of Damages for Personal Injury and Death", Fourth Edition, LexisNexis NSW Law Reform Commission, Report 89, "Contribution between persons liable for the same damage" NSW Law Reform Commission, Report 143, "third party claims on insurance money" Category: Procedural and other rulings Parties: Colin Simpson as legal personal representative of the estate of the late Jacqueline Simpson (Plaintiff) Amaca Pty Limited (Defendant) AAI Limited (Proposed Cross-Defendant) Representation: Counsel: I Griscti (Defendant) S Taylor-Jones (Solicitor) (Proposed Cross-Defendant) Solicitors: Mills Oakley (Defendant) Moray & Agnew (Proposed Cross-Defendant) File Number(s): DDT 379/2019