Amaca Pty Limited v The University of Sydney; (Re: John William Starr); The University of Sydney v Amaca Pty Limited; (Re: John William Starr) [2020] NSWDDT 1

Amaca Pty Limited v The University of Sydney; (Re: John William Starr); The University of Sydney v Amaca Pty Limited; (Re: John William Starr) [2020] NSWDDT 1

Amaca Pty Limited is more blameworthy, having greater actual knowledge of the dangers of asbestos and as sole product supplier post-1977; 60% of responsibility is apportioned to Amaca and 40% to The University of Sydney, reflecting the relative causal potency and blameworthiness of each.

Jurisdiction
Australia
Judgment Date
20 February 2020
Procedural Posture
Cross Claims for Contribution Between Tortfeasors / Post Settlement Apportionment Hearing
Outcome
Liability for damages and costs apportioned: Amaca Pty Limited (60%), The University of Sydney (40%)
Legal Topics
['apportionment Liability' 'causation' 'blameworthiness']
['torts' 'dust Diseases' 'contribution'] ['apportionment Liability' 'causation' 'blameworthiness']

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Procedural Posture

Cross Claims for Contribution Between Tortfeasors / Post Settlement Apportionment Hearing

Legal Issues

  1. 1 ['How should damages and costs paid to Mr Starr be apportioned between Amaca Pty Limited and The University of Sydney?' 'What are the relative causal potency and blameworthiness of each defendant?']

Ratio Decidendi

Amaca Pty Limited is more blameworthy, having greater actual knowledge of the dangers of asbestos and as sole product supplier post-1977; 60% of responsibility is apportioned to Amaca and 40% to The University of Sydney, reflecting the relative causal potency and blameworthiness of each.

Court Disposition

Liability for damages and costs apportioned: Amaca Pty Limited (60%), The University of Sydney (40%)

Orders

  • ['Amaca Pty Limited to pay 60% of damages and costs paid to the plaintiff.' 'The University of Sydney to pay 40% of damages and costs paid to the plaintiff.' 'Question of costs of the cross-claims reserved for further determination.']