(Re: Singh) Stevedoring Finance Committee v Patrick Operations Pty Limited & Anor [2004] NSWDDT 22

(Re: Singh) Stevedoring Finance Committee v Patrick Operations Pty Limited & Anor [2004] NSWDDT 22

The settlement amount submitted to by the cross claimant was just and equitable, given the severity and predominant causation of the plaintiff’s illness by asbestosis and the relative culpability of the cross defendants, with Patrick’s having the greater responsibility. Liability should be apportioned 25:75 as between SIFC and Patrick’s, and between the cross defendants on a temporal basis, in accordance with the evidence and prior relevant authorities.

Jurisdiction
Australia
Judgment Date
20 August 2004
Procedural Posture
Cross Claim for Contribution / Judgment Following Hearing
Outcome
Judgment for cross claimant apportioned between cross defendants.
Legal Topics
['apportionment of Liability' 'asbestos Related Illness' 'assessment of Damages' 'contributory Negligence' 'just and Equitable Contribution' 'loss of Expectation of Life' 'care Needs (griffiths V Kirkemeyer)']
['torts' 'contribution' 'dust Diseases'] ['apportionment of Liability' 'asbestos Related Illness' 'assessment of Damages' 'contributory Negligence' 'just and Equitable Contribution' 'loss of Expectation of Life' 'care Needs (griffiths V Kirkemeyer)']

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Procedural Posture

Cross Claim for Contribution / Judgment Following Hearing

Legal Issues

  1. 1 ['Was the settlement amount reasonable and just and equitable?' 'How should liability and contribution be apportioned among the defendants under s 5(1)(a) Law Reform (Miscellaneous Provisions) Act 1946?' 'To what extent, if any, should confounding factors (such as obesity, emphysema, and past tuberculosis) reduce damages?' 'Is any deduction appropriate for medical expenses that could have been claimed from the Dust Diseases Board?' 'How should care damages (Griffiths v Kirkemeyer) and loss of expectation of life be calculated?']

Ratio Decidendi

The settlement amount submitted to by the cross claimant was just and equitable, given the severity and predominant causation of the plaintiff’s illness by asbestosis and the relative culpability of the cross defendants, with Patrick’s having the greater responsibility. Liability should be apportioned 25:75 as between SIFC and Patrick’s, and between the cross defendants on a temporal basis, in accordance with the evidence and prior relevant authorities.

Court Disposition

Judgment for cross claimant apportioned between cross defendants.

Orders

  • ['Judgment for cross claimant: (a) against the 1st defendant for $45,000; (b) against the 2nd defendant for $120,000.' "Cross defendants to pay cross claimant's costs: (a) 1st defendant to pay 3/11ths of the costs; (b) 2nd defendant to pay 8/11ths of the costs." 'Interest deferred with liberty to apply.']