Wallaby Grip Limited & Anor v Amaca Pty Limited; and Amaca Pty Limited v CSR Limited [2011] NSWDDT 7

Wallaby Grip Limited & Anor v Amaca Pty Limited; and Amaca Pty Limited v CSR Limited [2011] NSWDDT 7

WG is entitled to obtain an order for payment from CSR for its allocated contribution percentage under s90 of the Civil Procedure Act 2005, in accordance with the Bradford decision, notwithstanding that it did not directly sue CSR. Interest is awarded for the whole period as delay did not outweigh the rationale for awarding interest.

Parties
Applicant/plaintiff: Wallaby Grip Limited; Applicant/plaintiff: Wallaby Grip (BAE) Pty Limited (in liquidation); Respondent/cross Defendant: Amaca Pty Limited; Cross Defendant: CSR Limited
Jurisdiction
Australia
Judgment Date
02 August 2011
Procedural Posture
Contribution Proceedings / Final Orders
Outcome
Order made for payment by CSR Limited to Wallaby Grip Limited and Wallaby Grip (BAE) Pty Limited (in liquidation), with interest and costs.
Legal Topics
Contribution, Interest, Dust Diseases, Mesothelioma
Civil Procedure Contribution Interest Dust Diseases Mesothelioma

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Parties

Wallaby Grip Limited

Applicant/plaintiff

Wallaby Grip (BAE) Pty Limited (in liquidation)

Applicant/plaintiff

Amaca Pty Limited

Respondent/cross Defendant

CSR Limited

Cross Defendant

Procedural Posture

Contribution Proceedings / Final Orders

Legal Issues

  1. 1 Whether WG is entitled to an order for payment from CSR under s90 of the Civil Procedure Act 2005
  2. 2 Whether interest should be reduced due to a period of delay

Ratio Decidendi

WG is entitled to obtain an order for payment from CSR for its allocated contribution percentage under s90 of the Civil Procedure Act 2005, in accordance with the Bradford decision, notwithstanding that it did not directly sue CSR. Interest is awarded for the whole period as delay did not outweigh the rationale for awarding interest.

Court Disposition

Order made for payment by CSR Limited to Wallaby Grip Limited and Wallaby Grip (BAE) Pty Limited (in liquidation), with interest and costs.

Orders

  • CSR Limited to pay Wallaby Grip Limited and Wallaby Grip (BAE) Pty Limited (in liquidation) the sum of $73,693.18
  • CSR Limited to pay interest in the sum of $16,636.48