Petrovski v Bluescope Steel and Anor [2007] NSWDDT 33

Petrovski v Bluescope Steel and Anor [2007] NSWDDT 33

Clause 19(2)(f) of the Dust Diseases Tribunal Regulation 2007 authorised the Tribunal to enter judgment to give effect to the settlement agreement notwithstanding that the contribution assessment had not been completed, and the President considered himself bound to do so.

Jurisdiction
Australia
Judgment Date
18 December 2007
Procedural Posture
Dust Diseases Tribunal Proceeding Concerning Asbestos Related Pleural Disease / Ruling on Application to Enter Judgment Following Settlement
Outcome
Verdict and judgment entered in accordance with paragraph 1 of the agreement.
Legal Topics
['asbestos Related Pleural Disease' 'contribution Assessment' 'entry of Judgment' 'claims Resolution Process' 'orders Giving Effect to Agreement']
['dust Diseases' 'civil Procedure' 'insurance'] ['asbestos Related Pleural Disease' 'contribution Assessment' 'entry of Judgment' 'claims Resolution Process' 'orders Giving Effect to Agreement']

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Procedural Posture

Dust Diseases Tribunal Proceeding Concerning Asbestos Related Pleural Disease / Ruling on Application to Enter Judgment Following Settlement

Legal Issues

  1. 1 ['Whether judgment should be entered for the plaintiff against Allianz Australia Ltd before the contribution assessment process has been completed.' 'Whether cl 19(2)(f) of the Dust Diseases Tribunal Regulation 2007 permits orders giving effect to an agreement during the claims resolution process.']

Ratio Decidendi

Clause 19(2)(f) of the Dust Diseases Tribunal Regulation 2007 authorised the Tribunal to enter judgment to give effect to the settlement agreement notwithstanding that the contribution assessment had not been completed, and the President considered himself bound to do so.

Court Disposition

Verdict and judgment entered in accordance with paragraph 1 of the agreement.

Orders

  • ['There will be verdict and judgment in accordance with par 1 of the agreement.' 'The Tribunal noted paras 2, 3, 4 and 5.']