(Re Bowie) Stevedoring Industry Finance Committee v James Patrick and Co Pty Ltd (in liquidation) & Anor [2005] NSWDDT 59

(Re Bowie) Stevedoring Industry Finance Committee v James Patrick and Co Pty Ltd (in liquidation) & Anor [2005] NSWDDT 59

Damages for Mr Bowie's lung cancer are indivisible. Both SIFC and Patricks are liable for the whole loss, but the greater culpability rests with Patricks due to their direct employment relationship and control over working conditions. It is just and equitable for Patricks to contribute 85% of the pro-rata share (67%) of SIFC's liability, resulting in a contribution of 57% ($114,000), plus interest.

Parties
Cross Claimant: Stevedoring Industry Finance Committee; First Cross Defendant: James Patrick and Co Pty Ltd (in liquidation); Second Cross Defendant: Patrick Operations Pty Limited
Jurisdiction
Australia
Judgment Date
09 November 2005
Procedural Posture
Cross Claim / Judgment
Outcome
judgment for cross-claimant
Legal Topics
Contribution Between Tortfeasors, Occupational Disease, Apportionment of Liability, Asbestos Exposure, Workers' Compensation
Torts Employment Law Contribution Between Tortfeasors Occupational Disease Apportionment of Liability Asbestos Exposure Workers' Compensation

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Parties

Stevedoring Industry Finance Committee

Cross Claimant

James Patrick and Co Pty Ltd (in liquidation)

First Cross Defendant

Patrick Operations Pty Limited

Second Cross Defendant

Procedural Posture

Cross Claim / Judgment

Legal Issues

  1. 1 Whether damages for occupational disease (lung cancer) due to asbestos exposure are divisible or indivisible between employer tortfeasors
  2. 2 What is the just and equitable apportionment of contribution between SIFC and Patricks under s 5(1)(c) of the Law Reform (Miscellaneous Provisions) Act 1946

Ratio Decidendi

Damages for Mr Bowie's lung cancer are indivisible. Both SIFC and Patricks are liable for the whole loss, but the greater culpability rests with Patricks due to their direct employment relationship and control over working conditions. It is just and equitable for Patricks to contribute 85% of the pro-rata share (67%) of SIFC's liability, resulting in a contribution of 57% ($114,000), plus interest.

Court Disposition

judgment for cross-claimant

Orders

  • Judgment for SIFC in the sum of $121,505.26
  • Cross-defendant to pay the costs of the cross-claimant