FMP Group (Australia) Pty Limited v Coffs Harbour Auto Electrical Pty Limited and Ors [2020] NSWDDT 5

FMP Group (Australia) Pty Limited v Coffs Harbour Auto Electrical Pty Limited and Ors [2020] NSWDDT 5

The requirements of Clause 55 were satisfied because there was a contribution assessment apportioning contributions, a settlement or judgment with the plaintiff specifying the amount, and payment of the verdict monies to the plaintiff. The Court of Appeal authorities supported the making of payment orders in separate contribution proceedings after settlement, the nexus with the settlement or determination of the plaintiff's claim had not been broken, FMP had not failed to act sufficiently promptly, and the Tribunal did not have a discretion to refuse the order on the grounds advanced by the Lindsay defendants.

Jurisdiction
Australia
Judgment Date
19 June 2020
Procedural Posture
Dust Diseases Tribunal Contribution and Apportionment Claim / Notice of Motion for Payment Order Pursuant to Clause 55, Division 6 of the Dust Diseases Tribunal Regulation 2019
Outcome
Motion granted; payment order and costs order made against the fifth, sixth, seventh, eighth and eleventh defendants.
Legal Topics
['claims Resolution Process' 'contribution Assessment Determination' 'payment Order' 'apportionment Claims Commenced After Plaintiff Claim Finalised']
['dust Diseases Litigation' 'civil Procedure' 'contribution and Apportionment'] ['claims Resolution Process' 'contribution Assessment Determination' 'payment Order' 'apportionment Claims Commenced After Plaintiff Claim Finalised']

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Procedural Posture

Dust Diseases Tribunal Contribution and Apportionment Claim / Notice of Motion for Payment Order Pursuant to Clause 55, Division 6 of the Dust Diseases Tribunal Regulation 2019

Legal Issues

  1. 1 ['Whether the Tribunal should make a payment order under Clause 55, Division 6 of the Dust Diseases Tribunal Regulation 2019 in accordance with the Contribution Assessment dated 4 February 2020.' "Whether the Contribution Assessment Determination had sufficient connection with the settlement or determination of the plaintiff's original claim and payment of the plaintiff's damages." 'Whether any lack of promptness by FMP in commencing and prosecuting the proceedings prevented the making of a payment order.' 'Whether the Tribunal had a discretion to refuse the payment order on justice or policy grounds.']

Ratio Decidendi

The requirements of Clause 55 were satisfied because there was a contribution assessment apportioning contributions, a settlement or judgment with the plaintiff specifying the amount, and payment of the verdict monies to the plaintiff. The Court of Appeal authorities supported the making of payment orders in separate contribution proceedings after settlement, the nexus with the settlement or determination of the plaintiff's claim had not been broken, FMP had not failed to act sufficiently promptly, and the Tribunal did not have a discretion to refuse the order on the grounds advanced by the Lindsay defendants.

Court Disposition

Motion granted; payment order and costs order made against the fifth, sixth, seventh, eighth and eleventh defendants.

Orders

  • ['Pursuant to Clause 55, Division 6 of the Dust Diseases Tribunal Regulation 2019 and in accordance with the Contribution Assessment of Mr J L Sharpe dated 4 February 2020 the fifth, sixth, seventh, eighth, and eleventh defendants pay to the plaintiff the sum of $368,000.00.' "The fifth, sixth, seventh, eighth and...