(re Stavar) Amaca Pty Ltd v CSR Ltd [2008] NSWDDT 29

(re Stavar) Amaca Pty Ltd v CSR Ltd [2008] NSWDDT 29

The Tribunal is bound to give effect to the contributions assessor’s determination and enter verdict and judgment accordingly, despite any disputes foreshadowed between defendants.

Jurisdiction
Australia
Judgment Date
01 October 2008
Procedural Posture
Cross Claim / Determination of Contribution Following Plaintiff Recovery of Damages
Outcome
Verdict and judgment for cross-claimant Amaca Pty Ltd against CSR Ltd in the sum of $21,526.50 plus interest; costs of motion to Amaca on indemnity basis.
Legal Topics
['dust Diseases' 'contribution Between Tortfeasors' 'enforcement of Contributions Determination']

Case Brief

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Procedural Posture

Cross Claim / Determination of Contribution Following Plaintiff Recovery of Damages

  1. 1 ['Whether cross-claimant is entitled to verdict and judgment in accordance with contributions determination']

Ratio Decidendi

The Tribunal is bound to give effect to the contributions assessor’s determination and enter verdict and judgment accordingly, despite any disputes foreshadowed between defendants.

Court Disposition

Verdict and judgment for cross-claimant Amaca Pty Ltd against CSR Ltd in the sum of $21,526.50 plus interest; costs of motion to Amaca on indemnity basis.

Orders

  • ['Verdict for cross-claimant Amaca Pty Limited against CSR Limited.' 'Judgment in the sum of $21,526.50, together with interest as agreed or assessed.' "CSR to pay Amaca's costs of the motion on an indemnity basis."]