(re Heath) Delta Electricity v Power Technologies Pty Limited & Ors [2007] NSWDDT 19

(re Heath) Delta Electricity v Power Technologies Pty Limited & Ors [2007] NSWDDT 19

The Claims Resolution Process does not apply to Delta's cross-claim as clause 14 is limited to claims commenced by statement of claim; Delta's cross-claim was not commenced in this way and the wording compels this result.

Jurisdiction
Australia
Judgment Date
27 August 2007
Procedural Posture
DDT and Cross Claim / Ruling on Application of Claims Resolution Process
Outcome
Claims Resolution Process does not apply to Delta's cross-claim.
Legal Topics
['contribution Between Tortfeasors' 'dust Diseases Tribunal Procedure' 'transitional Provisions' 'retrospectivity']
['torts' 'procedural Law'] ['contribution Between Tortfeasors' 'dust Diseases Tribunal Procedure' 'transitional Provisions' 'retrospectivity']

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Procedural Posture

DDT and Cross Claim / Ruling on Application of Claims Resolution Process

Legal Issues

  1. 1 ['Whether the Claims Resolution Process applies to cross-claims filed after commencement of CRP' "Interpretation of 'claims commenced by statement of claim' under transitional provision"]

Ratio Decidendi

The Claims Resolution Process does not apply to Delta's cross-claim as clause 14 is limited to claims commenced by statement of claim; Delta's cross-claim was not commenced in this way and the wording compels this result.

Court Disposition

Claims Resolution Process does not apply to Delta's cross-claim.

Orders

  • ["Application by Bradford and CSR that the CRP does not apply to Delta's cross-claim is allowed."]