Amaca v Wallaby Grip [2005] NSWDDT 31

Amaca proved that Wallaby Grip supplied K-Lite asbestos product at the relevant time and place; evidence justified finding of supply and supporting a contribution order. Apportionment was determined at 75% Amaca, 25% Wallaby Grip, taking into account both relative blameworthiness and causal potency.

Jurisdiction: Australia
Judgment Date: 21 July 2005
Procedural Posture: Cross Claim (contribution/indemnity Under Queensland Law Reform Act) / Judgment After Hearing of Cross Claim
Outcome: Verdict for cross claimant; contribution awarded
Legal Topics: ['contribution Between Tortfeasors' 'negligence' 'supply of Dangerous Goods' 'asbestos Injury' 'statutory Contribution (qld)']

['torts' 'dust Diseases' 'product Liability' 'apportionment of Liability'] ['contribution Between Tortfeasors' 'negligence' 'supply of Dangerous Goods' 'asbestos Injury' 'statutory Contribution (qld)']

Case Brief

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Procedural Posture

Cross Claim (contribution/indemnity Under Queensland Law Reform Act) / Judgment After Hearing of Cross Claim

Legal Issues

1 ["Whether Wallaby Grip (NSW) Pty Ltd supplied Amaca's K-Lite asbestos product to Swanbank Power Station" 'Whether Amaca entitled to contribution from Wallaby Grip under ss 5 & 6 Queensland Law Reform Act 1995' 'Determination of apportionment of liability between Amaca and Wallaby Grip']

Ratio Decidendi

Court Disposition

Verdict for cross claimant; contribution awarded

Orders

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