Comcare v Amaca Pty Ltd (Re Webber) [2019] NSWDDT 2

Comcare v Amaca Pty Ltd (Re Webber) [2019] NSWDDT 2

On the agreed matters put before the Tribunal, including that Amaca was a tortfeasor liable in respect of the plaintiff's exposure and that it was liable to bear 59% of $1,096,685, judgment was entered for Comcare against Amaca for $647,044 with corresponding costs orders.

Jurisdiction
Australia
Judgment Date
08 March 2019
Procedural Posture
Cross Claim for Contribution / Principal Judgment on Cross Claim
Outcome
Judgment for the cross-claimant against the cross-defendant for $647,044, with costs orders and leave to approach the Associate within 7 days if different costs orders are sought.
Legal Topics
['contribution' 'assessment of Damages' 'costs']
['torts' 'dust Diseases' 'civil Procedure'] ['contribution' 'assessment of Damages' 'costs']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Cross Claim for Contribution / Principal Judgment on Cross Claim

Legal Issues

  1. 1 ["Whether formal judgment should be entered on Comcare's cross-claim for contribution against Amaca Pty Limited." 'What amount and costs orders should be made on the cross-claim where Amaca accepted it was a tortfeasor and agreed to bear 59% of the specified damages figure.' 'Whether Amaca wished to challenge on appeal the assessment of damages in the primary proceedings.']

Ratio Decidendi

On the agreed matters put before the Tribunal, including that Amaca was a tortfeasor liable in respect of the plaintiff's exposure and that it was liable to bear 59% of $1,096,685, judgment was entered for Comcare against Amaca for $647,044 with corresponding costs orders.

Court Disposition

Judgment for the cross-claimant against the cross-defendant for $647,044, with costs orders and leave to approach the Associate within 7 days if different costs orders are sought.

Orders

  • ['Judgment for the cross-claimant against the cross-defendant for $647,044.' 'Order that the cross-defendant pay 59% of the costs which the cross-claimant (defendant) has been ordered to pay to the plaintiff.' "Order the cross-defendant to pay the cross-claimant's costs of the cross-claim." 'Grant leave to approach...