(Re Linquist) Burroughs Wellcome and Co and QBE Insurance v Wallaby Grip Ltd and Anor [2006] NSWDDT 28

(Re Linquist) Burroughs Wellcome and Co and QBE Insurance v Wallaby Grip Ltd and Anor [2006] NSWDDT 28

A cross-claim remains subject to the claims resolution process after the plaintiff's claim is settled, unless and until the Tribunal, in exercise of its discretion, orders otherwise under cl 18(7) of the Dust Diseases Tribunal Regulation.

Jurisdiction
Australia
Judgment Date
18 August 2006
Procedural Posture
Cross Claims in Dust Diseases Tribunal Proceedings / Post Settlement, Interlocutory Ruling on Claims Resolution Process
Outcome
Order of 8 August 2006 is revoked; cross-claims are removed from the claims resolution process; each party to bear its own costs; matter listed for further directions.
Legal Topics
['apportionment of Liability' 'claims Resolution Process' 'cross Claims' 'asbestos Litigation']
['tort Law' 'civil Procedure'] ['apportionment of Liability' 'claims Resolution Process' 'cross Claims' 'asbestos Litigation']

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Procedural Posture

Cross Claims in Dust Diseases Tribunal Proceedings / Post Settlement, Interlocutory Ruling on Claims Resolution Process

Legal Issues

  1. 1 ["Does a cross-claim remain subject to the claims resolution process when a plaintiff's claim is settled?" 'Does the claims resolution process established under the Dust Diseases Tribunal Act 1989 and Regulation apply to cross-claims after settlement of the main claim?' "What is the proper construction of 'claim' under the Act and Regulation in relation to cross-claims?"]

Ratio Decidendi

A cross-claim remains subject to the claims resolution process after the plaintiff's claim is settled, unless and until the Tribunal, in exercise of its discretion, orders otherwise under cl 18(7) of the Dust Diseases Tribunal Regulation.

Court Disposition

Order of 8 August 2006 is revoked; cross-claims are removed from the claims resolution process; each party to bear its own costs; matter listed for further directions.

Orders

  • ['Order of 8 August 2006 made on the application of the first cross-defendant with consent of the second cross-defendant is revoked.' 'Each cross-claimant and cross-defendant to bear its own costs.' 'The matter will be listed for further directions on 21 August 2006.']