Amaca Pty Limited v Orlit Proprietary Limited [2008] NSWDDT 34

Amaca Pty Limited v Orlit Proprietary Limited [2008] NSWDDT 34

Part 4 of the Dust Diseases Tribunal Regulation 2007 did not apply because Amaca's proceedings, although a contribution claim arising from an asbestos-related condition and commenced by statement of claim after 1 July 2005, were not a cross-claim within clause 14. Clause 16 was treated as a transitional timing provision and did not alter the requirement in clause 14 that a contribution claim be a cross-claim.

Jurisdiction
Australia
Judgment Date
26 November 2008
Procedural Posture
Claim for Indemnity or Contribution by One Tort Feasor Against Another in the Dust Diseases Tribunal / Ruling on Whether the Proceedings Are Governed by the Tribunal's Claims Resolution Process
Outcome
Part 4 of the Dust Diseases Tribunal Regulation 2007 does not apply to these proceedings.
Legal Topics
['claims Resolution Process' 'asbestos Related Condition' 'cross Claim' 'statement of Claim' 'contribution Between Tort Feasors']
['dust Diseases' 'civil Procedure' 'tort Contribution'] ['claims Resolution Process' 'asbestos Related Condition' 'cross Claim' 'statement of Claim' 'contribution Between Tort Feasors']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 1 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Claim for Indemnity or Contribution by One Tort Feasor Against Another in the Dust Diseases Tribunal / Ruling on Whether the Proceedings Are Governed by the Tribunal's Claims Resolution Process

Legal Issues

  1. 1 ["Whether proceedings commenced by Amaca by statement of claim against Orlit for indemnity or contribution are governed by Part 4 of the Dust Diseases Tribunal Regulation 2007 and the Tribunal's Claims Resolution Process." "Whether Amaca's claim is a cross-claim within the meaning of clause 14 of the Dust Diseases Tribunal Regulation 2007." 'Whether clause 16 of the Dust Diseases Tribunal Regulation 2007 makes the Claims Resolution Process apply because the proceedings were commenced by statement of claim after 1 July 2005.']

Ratio Decidendi

Part 4 of the Dust Diseases Tribunal Regulation 2007 did not apply because Amaca's proceedings, although a contribution claim arising from an asbestos-related condition and commenced by statement of claim after 1 July 2005, were not a cross-claim within clause 14. Clause 16 was treated as a transitional timing provision and did not alter the requirement in clause 14 that a contribution claim be a cross-claim.

Court Disposition

Part 4 of the Dust Diseases Tribunal Regulation 2007 does not apply to these proceedings.

Orders

  • ['The Tribunal ruled that Part 4 of the Dust Diseases Tribunal Regulation 2007 does not apply to these proceedings.']