Bradford Insulation Industries Pty Ltd & Anor v Babcock Australia Pty Ltd & Ors [2011] NSWCA 117

Bradford Insulation Industries Pty Ltd & Anor v Babcock Australia Pty Ltd & Ors [2011] NSWCA 117

Division 6 of Part 4 of the Dust Diseases Tribunal Regulation 2007, as supported by the statutory definitions and regulation-making powers in the Dust Diseases Tribunal Act, applies a modified Claims Resolution Process to contribution claims brought in separate proceedings after the conclusion of the plaintiff's claim. The appeal to confine CRP to only cross-claims in original proceedings fails.

Parties
First Appellant: Bradford Insulation Industries Pty Limited; Second Appellant: CSR Limited; First Respondent: Babcock Australia Pty Limited; Second Respondent: Amaca Pty Limited (ACN 000 035 512) (Under NSW Administered Winding Up); Third Respondent: Wallaby Grip Limited; Fourth Respondent: Wallaby Grip (BAE) Pty Limited (in liquidation)
Jurisdiction
Australia
Judgment Date
16 May 2011
Procedural Posture
Appeal / Leave to Appeal and Appeal Determined
Outcome
Leave to appeal granted; appeal dismissed
Legal Topics
Dust Diseases Tribunal Procedure, Contribution Claims, Claims Resolution Process (crp), Apportionment of Liability
Civil Procedure Torts Statutory Interpretation Dust Diseases Tribunal Procedure Contribution Claims Claims Resolution Process (crp) Apportionment of Liability

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Parties

Bradford Insulation Industries Pty Limited

First Appellant

CSR Limited

Second Appellant

Babcock Australia Pty Limited

First Respondent

Amaca Pty Limited (ACN 000 035 512) (Under NSW Administered Winding Up)

Second Respondent

Wallaby Grip Limited

Third Respondent

Wallaby Grip (BAE) Pty Limited (in liquidation)

Fourth Respondent

Procedural Posture

Appeal / Leave to Appeal and Appeal Determined

Legal Issues

  1. 1 Whether the Claims Resolution Process (CRP) applies to contribution claims made in separate proceedings after the original claim is finalised
  2. 2 Whether s 32H(1)(a) or s 32H(1)(b) of the Dust Diseases Tribunal Act authorises regulations applying the CRP in separate contribution proceedings

Ratio Decidendi

Division 6 of Part 4 of the Dust Diseases Tribunal Regulation 2007, as supported by the statutory definitions and regulation-making powers in the Dust Diseases Tribunal Act, applies a modified Claims Resolution Process to contribution claims brought in separate proceedings after the conclusion of the plaintiff's claim. The appeal to confine CRP to only cross-claims in original proceedings fails.

Court Disposition

Leave to appeal granted; appeal dismissed

Orders

  • Leave to appeal is granted.
  • Appeal is dismissed.