(re Millard) Eraring Energy v Power Technologies Pty Limited [2009] NSWDDT 2

(re Millard) Eraring Energy v Power Technologies Pty Limited [2009] NSWDDT 2

The cross claimants (EA and EE) are entitled to judgments in accordance with the Contributions Assessor's determination as an enforceable interim measure under the Regulation, as the regulatory scheme intends such enforceability even though the mechanism for enforcement is not expressly stated, and there is no election between inconsistent rights or conduct amounting to waiver or estoppel.

Jurisdiction
Australia
Judgment Date
06 February 2009
Procedural Posture
Cross Claim / Judgment on Applications for Judgment in Accordance With Contributions Assessment
Outcome
Application granted; cross claimants entitled to judgment in accordance with CA's assessment.
Legal Topics
['contributions Assessment' 'apportionment' 'dust Diseases Regulation' 'waiver' 'estoppel']
['civil Procedure' 'torts'] ['contributions Assessment' 'apportionment' 'dust Diseases Regulation' 'waiver' 'estoppel']

Case Brief

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Procedural Posture

Cross Claim / Judgment on Applications for Judgment in Accordance With Contributions Assessment

Legal Issues

  1. 1 ['Whether cross claimants are entitled to judgment in accordance with the contributions assessment.' 'Nature of such a judgment and mechanism of enforcement under the Regulation.' 'Effect of waiver and estoppel arguments raised.']

Ratio Decidendi

The cross claimants (EA and EE) are entitled to judgments in accordance with the Contributions Assessor's determination as an enforceable interim measure under the Regulation, as the regulatory scheme intends such enforceability even though the mechanism for enforcement is not expressly stated, and there is no election between inconsistent rights or conduct amounting to waiver or estoppel.

Court Disposition

Application granted; cross claimants entitled to judgment in accordance with CA's assessment.

Orders

  • ['Parties to bring in short minutes of order to reflect the decision; matter listed for mention on 13 February 2009.']