(re Eaton) Amaca v CSR Ltd and Ors [2006] NSWDDT 13

(re Eaton) Amaca v CSR Ltd and Ors [2006] NSWDDT 13

Because relative culpability was agreed to be equal, contribution depended on the extent of causal exposure from each party's products. The Tribunal accepted that Mr Eaton was exposed to asbestos millboard supplied by both the Bells companies and James Hardie and Company Pty Ltd, but found the exposure to products for which the cross-defendants were liable was greater in duration and intensity. Doing the best possible on imprecise evidence, Amaca was required to bear 40 per cent and the Wallaby Grip cross-defendants 60 per cent of the judgment sum.

Jurisdiction
Australia
Judgment Date
09 May 2006
Procedural Posture
Cross Claim for Contribution Between Tortfeasors in Dust Diseases Tribunal Proceedings / Judgment Determining Contribution After Judgment in Principal Proceedings
Outcome
Contribution apportioned 40 per cent to Amaca Pty Ltd and 60 per cent to Wallaby Grip Ltd and Wallaby Grip (BAE) Pty Ltd; cross-claimant to have its costs as agreed or assessed.
Legal Topics
['mesothelioma' 'asbestos Exposure' 'indivisible Injury' 'joint and Several Liability' 'causal Contribution' 'relative Culpability']
['torts' 'dust Diseases' 'contribution Between Tortfeasors'] ['mesothelioma' 'asbestos Exposure' 'indivisible Injury' 'joint and Several Liability' 'causal Contribution' 'relative Culpability']

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Procedural Posture

Cross Claim for Contribution Between Tortfeasors in Dust Diseases Tribunal Proceedings / Judgment Determining Contribution After Judgment in Principal Proceedings

Legal Issues

  1. 1 ['What proportion of the damages awarded to the plaintiff should be borne by Amaca and what proportion should be borne by Wallaby Grip Ltd and Wallaby Grip (BAE) Pty Ltd.' 'Whether the late Mr Eaton was exposed to asbestos millboard supplied by James Hardie and Company Pty Ltd, for which Amaca was liable.' 'The extent of the causal contribution made by asbestos products manufactured or supplied by each party where relative culpability was agreed to be equal.']

Ratio Decidendi

Because relative culpability was agreed to be equal, contribution depended on the extent of causal exposure from each party's products. The Tribunal accepted that Mr Eaton was exposed to asbestos millboard supplied by both the Bells companies and James Hardie and Company Pty Ltd, but found the exposure to products for which the cross-defendants were liable was greater in duration and intensity. Doing the best possible on imprecise evidence, Amaca was required to bear 40 per cent and the Wallaby Grip cross-defendants 60 per cent of the judgment sum.

Court Disposition

Contribution apportioned 40 per cent to Amaca Pty Ltd and 60 per cent to Wallaby Grip Ltd and Wallaby Grip (BAE) Pty Ltd; cross-claimant to have its costs as agreed or assessed.

Orders

  • ['The cross-claimant should contribute 40 per cent of the judgment sum and the cross-defendants 60 per cent.' 'Counsel should bring in short minutes taking account of interest and the mathematical division in accordance with the percentages determined.' 'The cross-claimant should have its costs as agreed or assessed.']