Spinnato v PGH Enfield Bricks Pty Ltd [2008] NSWDDT 23

Spinnato v PGH Enfield Bricks Pty Ltd [2008] NSWDDT 23

Divisions 4 and 5 of the Dust Diseases Tribunal Regulation 2007 are not to apply because the first defendant does not exist and cannot be restored, and there is uncertainty as to indemnity for the second defendant at the relevant period.

Parties
Plaintiff: Salvatore Spinnato; First Defendant: PGH Enfield Bricks Pty Ltd; Second Defendant: Acmil Industries Pty Ltd t/as PGH Enfield Bricks
Jurisdiction
Australia
Judgment Date
01 September 2008
Procedural Posture
Dust Disease Claim / Interlocutory Ruling on Application of Mediation and Contributions Assessment Under Regulation
Outcome
Divisions 4 and 5 of the Dust Diseases Tribunal Regulation 2007 not ordered to apply to this claim
Legal Topics
Dust Diseases Tribunal Regulation 2007, Claims Resolution, Mediation, Contribution Between Defendants, Asbestos Exposure, Mesothelioma
Tort Dust Diseases Tribunal Regulation 2007 Claims Resolution Mediation Contribution Between Defendants Asbestos Exposure Mesothelioma

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Parties

Salvatore Spinnato

Plaintiff

PGH Enfield Bricks Pty Ltd

First Defendant

Acmil Industries Pty Ltd t/as PGH Enfield Bricks

Second Defendant

Procedural Posture

Dust Disease Claim / Interlocutory Ruling on Application of Mediation and Contributions Assessment Under Regulation

Legal Issues

  1. 1 Whether Divisions 4 and 5 of the Dust Diseases Tribunal Regulation 2007 (relating to mediation and contributions between defendants) should apply after removal of claim from Claims Resolution Process
  2. 2 Whether there is a sufficient basis to order compulsory mediation or contribution assessment given the deregistration of the first defendant and uncertainty of indemnity for the second defendant

Ratio Decidendi

Divisions 4 and 5 of the Dust Diseases Tribunal Regulation 2007 are not to apply because the first defendant does not exist and cannot be restored, and there is uncertainty as to indemnity for the second defendant at the relevant period.

Court Disposition

Divisions 4 and 5 of the Dust Diseases Tribunal Regulation 2007 not ordered to apply to this claim

Orders

  • Divisions 4 and 5 of the Dust Diseases Tribunal Regulation 2007 do not apply