(Re: Carbines) Eraring Energy v Babcock International Ltd & Ors [2005] NSWDDT 9

(Re: Carbines) Eraring Energy v Babcock International Ltd & Ors [2005] NSWDDT 9

For the reasons given in the separate determination in the Murray proceedings, the identified paragraphs of the amended s 25B notice do not raise determinations of issues of a general nature within the meaning of s 25B of the Dust Diseases Tribunal Act 1989.

Jurisdiction
Australia
Judgment Date
25 February 2005
Procedural Posture
Cross Claim for Contribution Pursuant to S 5 of the Law Reform Miscellaneous Provisions Act 1946 Arising From Asbestos Exposure Liability / Separate Determination by Consent Under Pt 31 R 2 of the Supreme Court Rules as to Whether Disputed Parts of a S 25 B Notice Contain or Reflect Determinations of Issues of a General Nature
Outcome
The Tribunal found that the specified paragraphs of the amended s 25B notice do not raise determinations of issues of a general nature within the meaning of s 25B of the Dust Diseases Tribunal Act 1989; costs were reserved.
Legal Topics
['asbestos Exposure' 'contribution Between Tortfeasors' 's 25 B Notice' 'issues of a General Nature' 'separate Determination']
['dust Diseases' 'tort' 'civil Procedure'] ['asbestos Exposure' 'contribution Between Tortfeasors' 's 25 B Notice' 'issues of a General Nature' 'separate Determination']

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Procedural Posture

Cross Claim for Contribution Pursuant to S 5 of the Law Reform Miscellaneous Provisions Act 1946 Arising From Asbestos Exposure Liability / Separate Determination by Consent Under Pt 31 R 2 of the Supreme Court Rules as to Whether Disputed Parts of a S 25 B Notice Contain or Reflect Determinations of Issues of a General Nature

Legal Issues

  1. 1 ['Whether the disputed parts of the amended s 25B notice filed by Eraring Energy contain or reflect determinations by the Tribunal of issues of a general nature within the meaning of s 25B of the Dust Diseases Tribunal Act 1989.']

Ratio Decidendi

For the reasons given in the separate determination in the Murray proceedings, the identified paragraphs of the amended s 25B notice do not raise determinations of issues of a general nature within the meaning of s 25B of the Dust Diseases Tribunal Act 1989.

Court Disposition

The Tribunal found that the specified paragraphs of the amended s 25B notice do not raise determinations of issues of a general nature within the meaning of s 25B of the Dust Diseases Tribunal Act 1989; costs were reserved.

Orders

  • ['Paragraphs A(2), D(2) and (3), F(1), H(1), I(1) to (24), J(1)(2), M(1) and N(1) of the amended s 25B notice filed by the cross-claimant do not raise determinations of issues of a general nature within the meaning of s 25B of the Dust Diseases Tribunal Act 1989.' 'Question of costs reserved.']