Claydon v Amaca Pty Ltd & Anor (No 2) [2002] NSWDDT 23

Claydon v Amaca Pty Ltd & Anor (No 2) [2002] NSWDDT 23

The Tribunal will not exercise its discretion to reconsider or amend its decision under s 13(6) in the absence of a fundamental error or matter of high importance to the litigation. Minor arithmetic errors or small percentage shifts in apportionment or damages do not meet this threshold.

Jurisdiction
Australia
Judgment Date
21 June 2002
Procedural Posture
Civil / Application for Reconsideration Under S 13(6) of the Dust Diseases Tribunal Act
Outcome
notice of motion dismissed
Legal Topics
['dust Diseases' 'negligence' 'apportionment of Liability' 'assessment of Damages' 'reconsideration of Judgment']
['tort Law' 'personal Injury'] ['dust Diseases' 'negligence' 'apportionment of Liability' 'assessment of Damages' 'reconsideration of Judgment']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Civil / Application for Reconsideration Under S 13(6) of the Dust Diseases Tribunal Act

Legal Issues

  1. 1 ['Whether the Tribunal should reconsider or amend its previous decision under s 13(6) of the Dust Diseases Tribunal Act' 'Whether there was error in the apportionment of liability between defendants' 'Whether the assessment of damages under various heads should be amended']

Ratio Decidendi

The Tribunal will not exercise its discretion to reconsider or amend its decision under s 13(6) in the absence of a fundamental error or matter of high importance to the litigation. Minor arithmetic errors or small percentage shifts in apportionment or damages do not meet this threshold.

Court Disposition

notice of motion dismissed

Orders

  • ['Notice of motion dismissed' 'First defendant to pay the costs of the second defendant and of the plaintiff']