Wallaby Grip Ltd v Klinger Ltd [2009] NSWDDT 13

Wallaby Grip Ltd v Klinger Ltd [2009] NSWDDT 13

Regulation 54 and 55 of the Dust Diseases Tribunal Regulation 2007 apply to claims for contribution, including cross-claims brought after the original plaintiff's claim is finalised; thus, the proceeding by Wallaby Grip Ltd against Klinger Ltd is subject to the claims resolution process.

Parties
Cross Claimant: Wallaby Grip Ltd; Cross Defendant: Klinger Ltd
Jurisdiction
Australia
Judgment Date
22 May 2009
Procedural Posture
Application on Notice of Motion in Cross Claim for Contribution / Ruling on Application Regarding Applicability of Claims Resolution Process (part 4, Dust Diseases Tribunal Regulation 2007)
Outcome
Notice of motion dismissed; cross-claim subject to Claims Resolution Process.
Legal Topics
Contribution, Apportionment of Liability, Claims Resolution Process, Dust Diseases Litigation
Civil Procedure Tort Law Contribution Apportionment of Liability Claims Resolution Process Dust Diseases Litigation

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Parties

Wallaby Grip Ltd

Cross Claimant

Klinger Ltd

Cross Defendant

Procedural Posture

Application on Notice of Motion in Cross Claim for Contribution / Ruling on Application Regarding Applicability of Claims Resolution Process (part 4, Dust Diseases Tribunal Regulation 2007)

Legal Issues

  1. 1 Does Part 4 of the Dust Diseases Tribunal Regulation 2007 (the Claims Resolution Process) apply to the cross-claim for contribution by Wallaby Grip Ltd against Klinger Ltd commenced after the plaintiff’s claim was finalised?

Ratio Decidendi

Regulation 54 and 55 of the Dust Diseases Tribunal Regulation 2007 apply to claims for contribution, including cross-claims brought after the original plaintiff's claim is finalised; thus, the proceeding by Wallaby Grip Ltd against Klinger Ltd is subject to the claims resolution process.

Court Disposition

Notice of motion dismissed; cross-claim subject to Claims Resolution Process.

Orders

  • The notice of motion is dismissed.
  • Klinger Ltd is to pay the costs of Wallaby Grip Ltd.