(Re: Lawrence) BHP Billiton Ltd v Amaca Pty Ltd [2003] NSWDDT 18

The Court held that the relative culpability of BHP Billiton Ltd and Amaca Pty Ltd was equal and ordered that each contribute 50 per cent of the damages awarded to the plaintiff.

Parties: Cross Claimant: BHP Billiton Ltd; Cross Defendant: Amaca Pty Ltd
Jurisdiction: Australia
Judgment Date: 05 September 2003
Procedural Posture: Cross Claim for Contribution or Indemnity / Judgment on Cross Claim After Finding of Liability in Main Action
Outcome: Each party to contribute 50% of the damages awarded to the plaintiff; costs of the cross-claim reserved.
Legal Topics: Contribution, Indemnity, Asbestos Exposure, Negligence, Apportionment of Damages

Torts Employment Law Contribution Indemnity Asbestos Exposure Negligence Apportionment of Damages

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Parties

BHP Billiton Ltd

Cross Claimant

Amaca Pty Ltd

Cross Defendant

Procedural Posture

Cross Claim for Contribution or Indemnity / Judgment on Cross Claim After Finding of Liability in Main Action

Legal Issues

1 What is the appropriate apportionment of liability between BHP Billiton Ltd and Amaca Pty Ltd for damages awarded to the plaintiff?
2 Did BHP Billiton Ltd or Amaca Pty Ltd have knowledge or ought to have had knowledge of the dangers of asbestos?

Ratio Decidendi

The Court held that the relative culpability of BHP Billiton Ltd and Amaca Pty Ltd was equal and ordered that each contribute 50 per cent of the damages awarded to the plaintiff.

Court Disposition

Each party to contribute 50% of the damages awarded to the plaintiff; costs of the cross-claim reserved.

Orders

Each party to contribute 50% of the damages ($165,583.09) awarded to the plaintiff.
Costs of the cross-claim reserved.