CSR Ltd v Wallaby Grip Ltd [2012] NSWCA 154

CSR Ltd v Wallaby Grip Ltd [2012] NSWCA 154

The Dust Diseases Tribunal's order was properly made because Pt 4 Divs 5 and 6 of the Dust Diseases Tribunal Regulation 2007 (NSW) allow the claims resolution process to continue after settlement or payment of the plaintiff's claim and permit an assessor's apportionment determination to be given practical effect by requiring a party found proportionately liable to reimburse the defendant that paid more than its apportioned share. CSR's lack of direct proceedings by Wallaby Grip did not prevent an order requiring CSR to pay Wallaby Grip its 8% proportionate contribution.

Jurisdiction
Australia
Judgment Date
30 May 2012
Procedural Posture
Application for Leave to Appeal and Appeal From Orders of the Dust Diseases Tribunal / Court of Appeal Decision
Outcome
Leave to appeal granted; appeal dismissed; applicant ordered to pay the respondents' costs in this Court.
Legal Topics
['claims Resolution Process' 'apportionment Between Joint Tortfeasors' 'contribution Proceedings Between Defendants and Cross Defendants' "effect of Assessor's Determination" 'dust Diseases Tribunal Regulation 2007 (nsw), Pt 4 Div 6']
['dust Diseases' 'civil Procedure' 'tort Law' 'contribution Between Tortfeasors'] ['claims Resolution Process' 'apportionment Between Joint Tortfeasors' 'contribution Proceedings Between Defendants and Cross Defendants' "effect of Assessor's Determination" 'dust Diseases Tribunal Regulation 2007 (nsw), Pt 4 Div 6']

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Procedural Posture

Application for Leave to Appeal and Appeal From Orders of the Dust Diseases Tribunal / Court of Appeal Decision

Legal Issues

  1. 1 ["Whether the Dust Diseases Tribunal properly ordered CSR Ltd to pay Wallaby Grip the amount corresponding to CSR's 8% apportioned liability although Wallaby Grip had not commenced proceedings against CSR." "Whether an assessor's post-payment apportionment determination under the claims resolution process can support reimbursement of one defendant who paid more than its proportionate liability to the plaintiff."]

Ratio Decidendi

The Dust Diseases Tribunal's order was properly made because Pt 4 Divs 5 and 6 of the Dust Diseases Tribunal Regulation 2007 (NSW) allow the claims resolution process to continue after settlement or payment of the plaintiff's claim and permit an assessor's apportionment determination to be given practical effect by requiring a party found proportionately liable to reimburse the defendant that paid more than its apportioned share. CSR's lack of direct proceedings by Wallaby Grip did not prevent an order requiring CSR to pay Wallaby Grip its 8% proportionate contribution.

Court Disposition

Leave to appeal granted; appeal dismissed; applicant ordered to pay the respondents' costs in this Court.

Orders

  • ['Grant the applicant leave to appeal from the orders made in the Dust Diseases Tribunal on 2 August 2011.' 'Direct that the draft notice of appeal be filed within 7 days.' 'Dismiss the appeal.' "Order the applicant to pay the respondents' costs in this Court."]