(Re Jones-Mashman) Amaca PL v CSR Ltd [2007] NSWDDT 17

(Re Jones-Mashman) Amaca PL v CSR Ltd [2007] NSWDDT 17

The plaintiff was exposed to asbestos dust and fibre from partnership products during the partnership, that exposure made a material contribution to his indivisible mesothelioma, and cl 8 of the Deed of Dissolution did not release CSR from liability to indemnify Amaca under cl 4 of div 6 of the Partnership Deed. Amaca was therefore entitled to judgment on the cross-claim.

Jurisdiction
Australia
Judgment Date
08 August 2007
Procedural Posture
Dust Diseases Tribunal Cross Claim for Contribution/indemnity / Ex Tempore Judgment After Hearing
Outcome
Verdict for the cross-claimant, Amaca Pty Ltd.
Legal Topics
['mesothelioma' 'asbestos Exposure' 'partnership Deed Indemnity' 'deed of Dissolution' 'contribution' 'indivisible Injury']
['dust Diseases' 'torts' 'partnership' 'contract'] ['mesothelioma' 'asbestos Exposure' 'partnership Deed Indemnity' 'deed of Dissolution' 'contribution' 'indivisible Injury']

Case Brief

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Procedural Posture

Dust Diseases Tribunal Cross Claim for Contribution/indemnity / Ex Tempore Judgment After Hearing

Legal Issues

  1. 1 ['Whether Amaca was entitled to contribution or indemnity from CSR under the partnership deed for settlement of asbestos-related mesothelioma claims.' "Whether exposure to asbestos products manufactured by the partnership made a material contribution to the plaintiff's mesothelioma despite other exposure before the partnership existed." 'Whether cl 8 of the Deed of Dissolution released CSR from liability to indemnify Amaca under cl 4 of div 6 of the Partnership Deed.']

Ratio Decidendi

The plaintiff was exposed to asbestos dust and fibre from partnership products during the partnership, that exposure made a material contribution to his indivisible mesothelioma, and cl 8 of the Deed of Dissolution did not release CSR from liability to indemnify Amaca under cl 4 of div 6 of the Partnership Deed. Amaca was therefore entitled to judgment on the cross-claim.

Court Disposition

Verdict for the cross-claimant, Amaca Pty Ltd.

Orders

  • ['Judgment for the cross-claimant in the sum of $135,000 together with interest calculated from 16 May 2005.' 'The parties are directed to bring in short minutes to give effect to the finding.' "The cross-defendant will pay the cross-claimant's costs as agreed or assessed." "The cross-claimant's costs are to be on...