(Re: Compton); Amaca v Seltsam [2005] NSWDDT 21

(Re: Compton); Amaca v Seltsam [2005] NSWDDT 21

Contribution should be apportioned according to the causal contribution of each manufacturer's product to the plaintiff's mesothelioma, leading to a 10% contribution by Seltsam (Wunderlich) and 90% by Amaca (James Hardie), based on differences in product familiarity, exposure methods, and dust generated.

Parties
Cross Claimant: Amaca Pty Ltd (formerly known as James Hardie & Coy Pty Ltd); Cross Defendant: Seltsam Pty Ltd
Jurisdiction
Australia
Judgment Date
17 May 2005
Procedural Posture
Cross Claim for Contribution / Judgment
Outcome
Cross-defendant (Seltsam) ordered to contribute 10 per cent to damages and costs; cross-claimant (Amaca) 90 per cent. Seltsam to pay Amaca's costs as agreed or assessed.
Legal Topics
Contribution Among Tortfeasors, Asbestos Exposure, Causation in Mesothelioma Cases
Tort Law Contribution Among Tortfeasors Asbestos Exposure Causation in Mesothelioma Cases

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 2 Authorities cited 3 Party arguments 2 Amounts and remedies 3
Sign in to unlock

Parties

Amaca Pty Ltd (formerly known as James Hardie & Coy Pty Ltd)

Cross Claimant

Seltsam Pty Ltd

Cross Defendant

Procedural Posture

Cross Claim for Contribution / Judgment

Legal Issues

  1. 1 Extent of liability for contribution between manufacturers of asbestos products
  2. 2 Assessment of causal contribution to plaintiff's mesothelioma

Ratio Decidendi

Contribution should be apportioned according to the causal contribution of each manufacturer's product to the plaintiff's mesothelioma, leading to a 10% contribution by Seltsam (Wunderlich) and 90% by Amaca (James Hardie), based on differences in product familiarity, exposure methods, and dust generated.

Court Disposition

Cross-defendant (Seltsam) ordered to contribute 10 per cent to damages and costs; cross-claimant (Amaca) 90 per cent. Seltsam to pay Amaca's costs as agreed or assessed.

Orders

  • Seltsam Pty Ltd to bear liability to contribute to damages awarded to plaintiff as to 10 per cent.
  • Amaca Pty Ltd to bear liability to contribute to damages awarded to plaintiff as to 90 per cent.