(Re Oswald) Bluescope Steel (AIS) Pty Ltd v Amaca Pty Ltd [2009] NSWDDT 5

(Re Oswald) Bluescope Steel (AIS) Pty Ltd v Amaca Pty Ltd [2009] NSWDDT 5

Although Bluescope's conduct had greater causal potency in causing Mr Oswald's injury, Amaca's conduct was more culpable. It is just and equitable that Amaca contribute 40% of the balance of Bluescope's liability to Mr Oswald (after accounting for Wallaby Grip's settlement and limits of Amaca's contributory products), equating to a sum calculated in paragraph 86 of the judgment.

Parties
Cross Claimant: Bluescope Steel (AIS) Pty Ltd; Cross Defendant: Amaca Pty Ltd
Jurisdiction
Australia
Judgment Date
03 April 2009
Procedural Posture
Cross Claim for Contribution Under Law Reform (miscellaneous Provisions) Act 1946 S5(1)(c) / Judgment After Hearing
Outcome
Amaca is to contribute 40% of $484,695, being $193,878 plus interest; orders to be finalised by parties submitting short minutes of order.
Legal Topics
Asbestos Exposure, Mesothelioma, Contribution Between Tortfeasors, Breach of Duty, Apportionment of Liability
Torts Employment Law Industrial Disease Contribution Asbestos Exposure Mesothelioma Contribution Between Tortfeasors Breach of Duty +1 more

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Parties

Bluescope Steel (AIS) Pty Ltd

Cross Claimant

Amaca Pty Ltd

Cross Defendant

Procedural Posture

Cross Claim for Contribution Under Law Reform (miscellaneous Provisions) Act 1946 S5(1)(c) / Judgment After Hearing

Legal Issues

  1. 1 To what extent is Amaca Pty Ltd liable to contribute to Bluescope Steel (AIS) Pty Ltd for damages paid to Mr Oswald as a result of asbestos exposure?
  2. 2 What is the just and equitable apportionment of responsibility for the injury caused to Mr Oswald between Bluescope and Amaca under s5(2) of the Law Reform (Miscellaneous Provisions) Act 1946?

Ratio Decidendi

Although Bluescope's conduct had greater causal potency in causing Mr Oswald's injury, Amaca's conduct was more culpable. It is just and equitable that Amaca contribute 40% of the balance of Bluescope's liability to Mr Oswald (after accounting for Wallaby Grip's settlement and limits of Amaca's contributory products), equating to a sum calculated in paragraph 86 of the judgment.

Court Disposition

Amaca is to contribute 40% of $484,695, being $193,878 plus interest; orders to be finalised by parties submitting short minutes of order.

Orders

  • Amaca to pay $193,878 plus interest as contribution to Bluescope Steel (AIS) Pty Ltd in respect of liability to Mr Oswald.
  • Parties to bring in short minutes of order consistent with the judgment findings.