Hoyle v JV & LD Anderson Pty Limited (formerly Victor Dole Pty Limited) ACN 004 822 815 [2018] NSWDDT 8

Hoyle v JV & LD Anderson Pty Limited (formerly Victor Dole Pty Limited) ACN 004 822 815 [2018] NSWDDT 8

The Tribunal is required to make the clause 56 order for Anderson to pay Comcare $276,500.00 pursuant to Civil Procedure Act 2005 s 90 and Dust Diseases Regulation 2013 clause 56, as the Contributions Assessment is binding and a cross-claim is unnecessary and futile.

Jurisdiction
Australia
Judgment Date
30 July 2018
Procedural Posture
Civil / Post Hearing, Orders Made
Outcome
Orders made in favour of Comcare for payment by Anderson.
Legal Topics
['asbestos' 'cross Claims' 'apportionment' 'guarantor Liability' 'contribution or Indemnity' 'court Discretion Under Civil Procedure Act 2005 S 90']
['dust Diseases' 'civil Procedure'] ['asbestos' 'cross Claims' 'apportionment' 'guarantor Liability' 'contribution or Indemnity' 'court Discretion Under Civil Procedure Act 2005 S 90']

Case Brief

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Procedural Posture

Civil / Post Hearing, Orders Made

Legal Issues

  1. 1 ['Whether the Tribunal has discretion not to make a clause 56 order under Dust Diseases Regulation 2013 and section 90 Civil Procedure Act 2005' 'Whether Anderson is liable for contributions following settlement and apportionment' 'Whether prosecution of a cross-claim is necessary or futile']

Ratio Decidendi

The Tribunal is required to make the clause 56 order for Anderson to pay Comcare $276,500.00 pursuant to Civil Procedure Act 2005 s 90 and Dust Diseases Regulation 2013 clause 56, as the Contributions Assessment is binding and a cross-claim is unnecessary and futile.

Court Disposition

Orders made in favour of Comcare for payment by Anderson.

Orders

  • ['The first defendant pay the second defendant the sum of $276,500.00, pursuant to section 90 of the Civil Procedure Act 2005 (NSW).' "Anderson is to pay Comcare's costs relating to the making of the orders."]