(Re Osborne) Eraring Energy v The English Electric Co [2008] NSWDDT 19

(Re Osborne) Eraring Energy v The English Electric Co [2008] NSWDDT 19

Given the considered (though tentative) judgment of the Court of Appeal in QBE Insurance (Australia) Ltd v Wallaby Grip and Ors [2007] NSWCA 43, which addressed the Regulation in force at the relevant time, the Tribunal is entitled and bound to give effect to the contributions assessor’s determination, and the Regulation is not ultra vires. The cross-defendant is ordered to pay the determined contribution.

Parties
Cross Claimant: Eraring Energy; Fourth Cross Defendant: The English Electric Company Ltd
Jurisdiction
Australia
Judgment Date
30 June 2008
Procedural Posture
Cross Claim Within Dust Diseases Liability Proceeding / Ruling on Validity of Regulation and Liability for Contribution
Outcome
Cross-Claimant succeeds; contribution ordered; costs ordered.
Legal Topics
Dust Diseases, Contribution Between Tortfeasors, Statutory Powers and Subordinate Legislation, Claims Resolution Process
Civil Procedure Statutory Interpretation Tort Law Dust Diseases Contribution Between Tortfeasors Statutory Powers and Subordinate Legislation Claims Resolution Process

Case Brief

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Parties

Eraring Energy

Cross Claimant

The English Electric Company Ltd

Fourth Cross Defendant

Procedural Posture

Cross Claim Within Dust Diseases Liability Proceeding / Ruling on Validity of Regulation and Liability for Contribution

Legal Issues

  1. 1 Whether the Dust Diseases Tribunal Regulation 2007 is valid to require a cross-defendant to pay money to the cross-claimant pursuant to a contribution determination
  2. 2 Whether the Regulation exceeds the authority conferred by s 32H of the Dust Diseases Tribunal Act 1989
  3. 3 Whether the Regulation impermissibly interferes with or overrides s 5(1)(c) of the Law Reform (Miscellaneous Provisions) Act 1946

Ratio Decidendi

Given the considered (though tentative) judgment of the Court of Appeal in QBE Insurance (Australia) Ltd v Wallaby Grip and Ors [2007] NSWCA 43, which addressed the Regulation in force at the relevant time, the Tribunal is entitled and bound to give effect to the contributions assessor’s determination, and the Regulation is not ultra vires. The cross-defendant is ordered to pay the determined contribution.

Court Disposition

Cross-Claimant succeeds; contribution ordered; costs ordered.

Orders

  • The English Electric Company Ltd is to pay Eraring Energy the sum of $12,384.
  • The English Electric Company Ltd is to pay Eraring Energy’s costs of this application.