Amaca Pty Ltd v Wallaby Grip [2005] NSWDDT 42

Amaca Pty Ltd v Wallaby Grip [2005] NSWDDT 42

The invoices and Mr Caldwell's evidence proved on the balance of probabilities an unbroken chain of supply of Amaca-manufactured K-Lite to Bells Thermalag Pty Ltd, Wallaby Grip (NSW) Pty Ltd's corporate predecessor, at Swanbank Power Station. That supply was actionable negligence and entitled Amaca to contribution under Sections 5 and 6 of the Queensland Law Reform Act 1995. However, the evidence did not support the pleaded 95% contribution; considering Amaca's greater involvement in manufacture and distribution, the relative exposure evidence, and the lesser causal potency of bystander exposure, liability for the K-Lite supply was apportioned 75% to Amaca and 25% to Wallaby Grip.

Jurisdiction
Australia
Judgment Date
26 May 2005
Procedural Posture
Cross Claim for Contribution in Asbestos Related Negligence Proceedings / Judgment on Amaca Pty Ltd's Cross Claim Against Wallaby Grip (nsw) Pty Ltd After Consent Judgment in the Principal Claim
Outcome
Verdict for the cross claimant Amaca Pty Ltd against Wallaby Grip (NSW) Pty Ltd for $20,625, with liberty to apply if costs are not resolved.
Legal Topics
['asbestos Exposure' 'k Lite Asbestos Insulation' 'supply of Asbestos Products' 'joint Tortfeasor Contribution' 'relative Blameworthiness' 'causal Potency']
['tort Law' 'negligence' 'dust Diseases' 'contribution and Apportionment'] ['asbestos Exposure' 'k Lite Asbestos Insulation' 'supply of Asbestos Products' 'joint Tortfeasor Contribution' 'relative Blameworthiness' 'causal Potency']

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Procedural Posture

Cross Claim for Contribution in Asbestos Related Negligence Proceedings / Judgment on Amaca Pty Ltd's Cross Claim Against Wallaby Grip (nsw) Pty Ltd After Consent Judgment in the Principal Claim

Legal Issues

  1. 1 ['Whether Wallaby Grip (NSW) Pty Ltd, through its corporate predecessor Bells Thermalag Pty Ltd, supplied Amaca-manufactured K-Lite asbestos products to Swanbank Power Station at the relevant times.' 'Whether the word "supply" should be given the narrow meaning advanced by Wallaby Grip (NSW) Pty Ltd.' 'Whether Amaca Pty Ltd was entitled to contribution from Wallaby Grip (NSW) Pty Ltd under Sections 5 and 6 of the Queensland Law Reform Act 1995.' 'What proportion of liability should be apportioned to Wallaby Grip (NSW) Pty Ltd having regard to blameworthiness and causal potency.']

Ratio Decidendi

The invoices and Mr Caldwell's evidence proved on the balance of probabilities an unbroken chain of supply of Amaca-manufactured K-Lite to Bells Thermalag Pty Ltd, Wallaby Grip (NSW) Pty Ltd's corporate predecessor, at Swanbank Power Station. That supply was actionable negligence and entitled Amaca to contribution under Sections 5 and 6 of the Queensland Law Reform Act 1995. However, the evidence did not support the pleaded 95% contribution; considering Amaca's greater involvement in manufacture and distribution, the relative exposure evidence, and the lesser causal potency of bystander exposure, liability for the K-Lite supply was apportioned 75% to Amaca and 25% to Wallaby Grip.

Court Disposition

Verdict for the cross claimant Amaca Pty Ltd against Wallaby Grip (NSW) Pty Ltd for $20,625, with liberty to apply if costs are not resolved.

Orders

  • ['Verdict for the cross claimant for $20,625' 'Liberty to apply if the parties cannot resolve the question of costs']