Krobar Investments Pty Ltd v Wallaby Grip (BAE) Pty Ltd; (in liquidation) (Re Daniels) [2005] NSWDDT 58

Krobar Investments Pty Ltd v Wallaby Grip (BAE) Pty Ltd; (in liquidation) (Re Daniels) [2005] NSWDDT 58

It would not be just or equitable for Wallaby Grip (BAE) Pty Ltd (in liquidation) to contribute further to Krobar Investments Pty Ltd's liability, as BAE's breaches, although causative of the plaintiff's damage, were not causally related to Krobar's separate liability, and BAE had already contributed in respect of the period of exposure for which it was responsible.

Jurisdiction
Australia
Judgment Date
09 November 2005
Procedural Posture
Cross Claim / Judgment
Outcome
Judgment for the cross-defendant. Cross-claim dismissed.
Legal Topics
['contribution Between Tortfeasors' 'apportionment of Liability' 'asbestos Litigation' 'assessment of Responsibility']
['tort Law' 'contribution' 'dust Diseases'] ['contribution Between Tortfeasors' 'apportionment of Liability' 'asbestos Litigation' 'assessment of Responsibility']

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Procedural Posture

Cross Claim / Judgment

Legal Issues

  1. 1 ["Whether Wallaby Grip (BAE) Pty Ltd (in liquidation) should contribute to Krobar Investments Pty Ltd's liability to Mr Daniels despite the lack of direct exposure to BAE's products during Krobar's period of employment." 'How just and equitable apportionment should be determined for contribution under s5(1)(c) of the Law Reform (Miscellaneous Provisions) Act 1946 in light of previous settlements and contributions by other tortfeasors.']

Ratio Decidendi

It would not be just or equitable for Wallaby Grip (BAE) Pty Ltd (in liquidation) to contribute further to Krobar Investments Pty Ltd's liability, as BAE's breaches, although causative of the plaintiff's damage, were not causally related to Krobar's separate liability, and BAE had already contributed in respect of the period of exposure for which it was responsible.

Court Disposition

Judgment for the cross-defendant. Cross-claim dismissed.

Orders

  • ['Judgment for the cross-defendant Wallaby Grip (BAE) Pty Ltd (in liquidation).' 'Order the cross-claimant to pay the costs of the cross-defendant.']