(Re Doran) Eraring Energy v Amaca Pty Ltd and Ors [2006] NSWDDT 32

(Re Doran) Eraring Energy v Amaca Pty Ltd and Ors [2006] NSWDDT 32

Because five cross-defendants had settled, only Wallaby Grip Ltd remained as a party from which contribution was sought, and that party disputed legal liability to contribute, the Division 5 apportionment process before a contributions assessor would serve only to delay the matter and add expense. The preferable course was to put the matter before the Tribunal for determination as quickly as possible, so the prior order applying Division 5 was revoked.

Jurisdiction
Australia
Judgment Date
13 September 2006
Procedural Posture
Cross Claim in Dust Diseases Tribunal Proceedings / Interlocutory Ruling on Application of Division 5 Apportionment Provisions and Directions
Outcome
Order applying Division 5 of the Dust Diseases Tribunal Regulation 2001 revoked; matter listed for directions and prior directions hearing vacated.
Legal Topics
['cross Claims' 'contribution' 'apportionment' 'contributions Assessor' 'directions']
['dust Diseases Litigation' 'civil Procedure'] ['cross Claims' 'contribution' 'apportionment' 'contributions Assessor' 'directions']

Case Brief

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Procedural Posture

Cross Claim in Dust Diseases Tribunal Proceedings / Interlocutory Ruling on Application of Division 5 Apportionment Provisions and Directions

Legal Issues

  1. 1 ['Whether the order applying Division 5 of the Dust Diseases Tribunal Regulation 2001 to the proceedings should be revoked where only one cross-defendant remains and disputes liability to contribute.' 'Whether determination by a contributions assessor would delay the matter and add expense.']

Ratio Decidendi

Because five cross-defendants had settled, only Wallaby Grip Ltd remained as a party from which contribution was sought, and that party disputed legal liability to contribute, the Division 5 apportionment process before a contributions assessor would serve only to delay the matter and add expense. The preferable course was to put the matter before the Tribunal for determination as quickly as possible, so the prior order applying Division 5 was revoked.

Court Disposition

Order applying Division 5 of the Dust Diseases Tribunal Regulation 2001 revoked; matter listed for directions and prior directions hearing vacated.

Orders

  • ['The order pursuant to which Division 5 of the Dust Diseases Tribunal Regulation 2001 had application is revoked.' 'The matter is listed for directions on Monday, 25 September 2006.' 'The directions hearing on 3 October 2006 is vacated.']