Buttner v Wallaby Grip Pty Ltd and ORS (ruling) [2005] NSWDDT 49

Buttner v Wallaby Grip Pty Ltd and ORS (ruling) [2005] NSWDDT 49

In claims involving divisible injury caused by cumulative processes, the extent of injury caused by each defendant is determined by causation alone, making the knowledge or culpability of defendants irrelevant; thus, the transcript tender is rejected as irrelevant.

Parties
Plaintiff: Reinhold Buttner; First Defendant: Wallaby Grip Pty Ltd; Second Defendant: Wallaby Grip (NSW) Pty Ltd; Third Defendant: PHR Pty Ltd; Fourth Defendant: Unbehaun and Johnstone Pty Ltd
Jurisdiction
Australia
Judgment Date
24 August 2005
Procedural Posture
Civil / Interlocutory Ruling
Outcome
Tender rejected
Legal Topics
Tender of Evidence, Causation, Contribution, Divisible and Indivisible Injuries
Dust Diseases Tort Law Tender of Evidence Causation Contribution Divisible and Indivisible Injuries

Case Brief

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Parties

Reinhold Buttner

Plaintiff

Wallaby Grip Pty Ltd

First Defendant

Wallaby Grip (NSW) Pty Ltd

Second Defendant

PHR Pty Ltd

Third Defendant

Unbehaun and Johnstone Pty Ltd

Fourth Defendant

Procedural Posture

Civil / Interlocutory Ruling

Legal Issues

  1. 1 Whether the transcript of evidence from previous proceedings can be admitted under s 25(3) of the Dust Diseases Tribunal Act
  2. 2 Whether the knowledge of a defendant of the dangers of asbestos is relevant for apportionment of damages in the case of divisible injury

Ratio Decidendi

In claims involving divisible injury caused by cumulative processes, the extent of injury caused by each defendant is determined by causation alone, making the knowledge or culpability of defendants irrelevant; thus, the transcript tender is rejected as irrelevant.

Court Disposition

Tender rejected

Orders

  • The tender of the transcript of evidence of Mr Harris in Strikwerda's case is rejected.