Wallaby Grip (Bae) Pty Ltd (in Liq) v Eraring Energy

(2004) 60 NSWLR 701; [2004] NSWCA 269

NSW Court of Appeal

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Interrogate

Catchwords

1. Limitation of Actions
2. › Contribution between tortfeasors
3. › Two-year limitation period
4. › Cross-claim for statutory contribution in Dust Diseases Tribunal
5. › Whether s 26 of Limitation Act 1969 applies to cross-claims for contribution in Tribunal
6. › Limitation Act 1969 (NSW), s 26
1. Dust Diseases
2. › Dust Diseases Tribunal
3. › Jurisdiction
4. › Abolition of limitation periods
5. › Whether s 12A of Dust Diseases Tribunal Act 1989 applies to cross-claims for contribution
6. › Whether s 12A limited to proceedings brought by victims
7. › Dust Diseases Tribunal Act 1989 (NSW), ss 10, 11, 12A
1. Statutes
2. › Construction
3. › Implied repeal
4. › Whether later specific provision impliedly repeals earlier general provision
5. › Requirement of clearly apparent direct contrariety
6. › Dust Diseases Tribunal Act 1989 (NSW), s 12A
7. › Limitation Act 1969 (NSW), s 26

Quick Take

Section 12A of the Dust Diseases Tribunal Act 1989 (NSW) abolishes limitation periods only for proceedings brought by victims of dust-related conditions under s 11(1), not for cross-claims for statutory contribution under s 5(1)(c) of the Law Reform (Miscellaneous Provisions) Act 1946. Section 26 of the Limitation Act 1969 continues to apply to such cross-claims in the Tribunal, imposing a two-year limitation period from the date of judgment. Defendants in the Tribunal seeking contribution from third parties must file cross-claims within the s 26 time limits.