(Re Stutley) A W Baulderstone Holdings Pty Limited v Bradford Insulation (SA) Pty Ltd & Ors [2006] NSWDDT 17

(Re Stutley) A W Baulderstone Holdings Pty Limited v Bradford Insulation (SA) Pty Ltd & Ors [2006] NSWDDT 17

The Tribunal found that BIC supplied and sprayed the asbestos that caused Mr Stutley's mesothelioma; that BISA, with knowledge of the danger and involvement in the asbestos spraying business, owed and breached a duty to warn; and that CSR supplied the blue asbestos and could and should have warned builders and required warnings to occupiers. Each would have been liable to Mr Stutley for the same damage as Baulderstone. The $500,000 settlement was reasonable, and because the cross-defendants' conduct was far more blameworthy than Baulderstone's, 80 per cent of Baulderstone's liability was apportioned jointly and severally to them. BIC was also bound by a subcontractual indemnity clause...

Jurisdiction
Australia
Judgment Date
02 June 2006
Procedural Posture
Cross Claims for Contractual Indemnity and Statutory Contribution Arising From a Settled Asbestos Negligence Claim / Judgment on Cross Claims After Hearing
Outcome
Judgment entered for A W Baulderstone Holdings Pty Ltd on the cross-claims, including joint and several contribution against all cross-defendants and contractual indemnity against BI (Contracting) Pty Ltd.
Legal Topics
['mesothelioma From Asbestos Exposure' 'liability of Asbestos Sprayer and Product Supplier' 'duty to Warn of Asbestos Dangers' 'contribution Between Tortfeasors' 'contractual Indemnity' 'reasonableness of Settlement']
['tort Law' 'negligence' 'dust Diseases and Asbestos Litigation' 'contribution and Indemnity' 'contract Law'] ['mesothelioma From Asbestos Exposure' 'liability of Asbestos Sprayer and Product Supplier' 'duty to Warn of Asbestos Dangers' 'contribution Between Tortfeasors' 'contractual Indemnity' 'reasonableness of Settlement']

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Procedural Posture

Cross Claims for Contractual Indemnity and Statutory Contribution Arising From a Settled Asbestos Negligence Claim / Judgment on Cross Claims After Hearing

Legal Issues

  1. 1 ['Whether BI (Contracting) Pty Ltd sprayed the asbestos to which Mr Stutley was exposed and would have been liable to him for the same damage as Baulderstone.' 'Whether Bradford Insulation (SA) Pty Ltd owed and breached a duty of care to warn of the dangers associated with asbestos spraying and would have been liable to Mr Stutley for the same damage.' 'Whether CSR Ltd supplied the blue asbestos sprayed at the Royal Adelaide Hospital site and owed and breached a duty to warn so that it would have been liable to Mr Stutley for the same damage.' "Whether Baulderstone acted reasonably in settling Mr Stutley's claim for $500,000 inclusive of costs." 'What contribution or indemnity should be awarded against the cross-defendants, including whether BI (Contracting) Pty Ltd was contractually obliged to indemnify Baulderstone.']

Ratio Decidendi

The Tribunal found that BIC supplied and sprayed the asbestos that caused Mr Stutley's mesothelioma; that BISA, with knowledge of the danger and involvement in the asbestos spraying business, owed and breached a duty to warn; and that CSR supplied the blue asbestos and could and should have warned builders and required warnings to occupiers. Each would have been liable to Mr Stutley for the same damage as Baulderstone. The $500,000 settlement was reasonable, and because the cross-defendants' conduct was far more blameworthy than Baulderstone's, 80 per cent of Baulderstone's liability was apportioned jointly and severally to them. BIC was also bound by a subcontractual indemnity clause...

Court Disposition

Judgment entered for A W Baulderstone Holdings Pty Ltd on the cross-claims, including joint and several contribution against all cross-defendants and contractual indemnity against BI (Contracting) Pty Ltd.

Orders

  • ['Judgment for A W Baulderstone Holdings Pty Ltd jointly and severally against Bradford Insulation (SA) Pty Ltd, BI (Contracting) Pty Ltd, and CSR Limited in the sum of $400,000.' 'Judgment for A W Baulderstone Holdings Pty Ltd against BI (Contracting) Pty Ltd in the sum of $500,000.' 'Cross-Defendants to pay the...