Patrick Operations Pty Ltd v Comcare [2006] NSWCA 142

Patrick Operations Pty Ltd v Comcare [2006] NSWCA 142

The Dust Diseases Tribunal erred in law by apportioning the entirety of damages between concurrent tortfeasors for divisible damage, instead of apportioning only the portion attributable to the period for which Patrick Operations Pty Ltd was liable. The Court of Appeal, limited by s 32 of the Dust Diseases Tribunal Act, cannot itself make a fresh apportionment and must remit the case to the Tribunal for further determination based on the correct principles.

Jurisdiction
Australia
Judgment Date
06 September 2006
Procedural Posture
Appeal / Court of Appeal Determination, Following Lower Court Judgment and Settlement
Outcome
Appeal allowed; verdict and judgment set aside; proceedings remitted to Tribunal for fresh determination.
Legal Topics
['contribution Between Tortfeasors' 'apportionment of Liability' 'divisible and Indivisible Damage' 'dust Diseases' 'appeal on Point of Law']
['tort Law' 'civil Procedure'] ['contribution Between Tortfeasors' 'apportionment of Liability' 'divisible and Indivisible Damage' 'dust Diseases' 'appeal on Point of Law']

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Procedural Posture

Appeal / Court of Appeal Determination, Following Lower Court Judgment and Settlement

Legal Issues

  1. 1 ['Whether the Dust Diseases Tribunal erred in law by apportioning the whole of the damages payable between tortfeasors in a case involving divisible damage' 'Whether the Court of Appeal could or should make a fresh apportionment or should remit the proceedings to the Tribunal' "Determination of 'the same damage' for which contribution is to be made under s 5 of the Law Reform (Miscellaneous Provisions) Act 1946"]

Ratio Decidendi

The Dust Diseases Tribunal erred in law by apportioning the entirety of damages between concurrent tortfeasors for divisible damage, instead of apportioning only the portion attributable to the period for which Patrick Operations Pty Ltd was liable. The Court of Appeal, limited by s 32 of the Dust Diseases Tribunal Act, cannot itself make a fresh apportionment and must remit the case to the Tribunal for further determination based on the correct principles.

Court Disposition

Appeal allowed; verdict and judgment set aside; proceedings remitted to Tribunal for fresh determination.

Orders

  • ['Set aside the verdict and judgment entered by Duck J on 6 April 2005 and order for costs then made.' 'Remit the proceedings to the Dust Diseases Tribunal for further determination.' 'Costs in the Tribunal to be in the discretion of the judge conducting the further determination.' "Respondent to pay the appellant's...