Babcock Australia Pty Limited v Bradford Insulation Industries Pty Limited [2010] NSWDDT 12

Babcock Australia Pty Limited v Bradford Insulation Industries Pty Limited [2010] NSWDDT 12

Division 6 of Part 4 of the Dust Diseases Tribunal Regulation 2007 applies to separate claims for contribution instituted by statement of claim after the determination of the plaintiff's claim. Therefore, Bradford and CSR, as assessed contributors, are required to make interim payment of their apportioned shares to Babcock.

Jurisdiction
Australia
Judgment Date
10 August 2010
Procedural Posture
Claim for Contribution After Judgment / Ruling on Interim Payment and Applicability of Claims Resolution Process
Outcome
application granted
Legal Topics
['claims Resolution Process' 'contribution Between Tortfeasors' 'statutory Interpretation']
['civil Procedure' 'dust Diseases/apportionment'] ['claims Resolution Process' 'contribution Between Tortfeasors' 'statutory Interpretation']

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Procedural Posture

Claim for Contribution After Judgment / Ruling on Interim Payment and Applicability of Claims Resolution Process

Legal Issues

  1. 1 ["Does Division 6 of Part 4 of Dust Diseases Tribunal Regulation 2007 apply to separate claims for contribution instituted by statement of claim after the determination of the plaintiff's claim?" 'Is an order for interim payment appropriate in light of the assessed contributions and the terms of the applicable statutes and regulations?']

Ratio Decidendi

Division 6 of Part 4 of the Dust Diseases Tribunal Regulation 2007 applies to separate claims for contribution instituted by statement of claim after the determination of the plaintiff's claim. Therefore, Bradford and CSR, as assessed contributors, are required to make interim payment of their apportioned shares to Babcock.

Court Disposition

application granted

Orders

  • ['Bradford Insulation Industries Pty Limited is to pay within 28 days the sum of $247,863.20 to Babcock Australia Pty Ltd.' 'CSR Ltd is to pay within 28 days the sum of $247,863.20 to Babcock Australia Pty Ltd.' 'Bradford Insulation Industries Pty Limited and CSR Ltd are to jointly pay the costs of Babcock Australia...