Bradford Insulation Industries Pty Ltd & Anor v Babcock Australia Pty Ltd & Ors

[2011] NSWCA 117

NSW Court of Appeal

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Interrogate

Catchwords

1. Courts and Judges
2. › Dust Diseases Tribunal
3. › Claims resolution process
4. › Apportionment of liability between defendants
5. › Whether CRP applies to contribution claims made in separate proceedings after plaintiff's claim finalised
6. › Dust Diseases Tribunal Regulation 2007 (NSW), Pt 4 Div 6, cll 54-58
1. Statutory Interpretation
2. › Subordinate legislation
3. › Construction of regulations
4. › Whether regulation-making power authorises extension of CRP to separate contribution proceedings
5. › Whether ss 32H(1)(a), 32H(1)(b) of Dust Diseases Tribunal Act 1989 (NSW) support regulations applying CRP in separate contribution proceedings
6. › Dust Diseases Tribunal Act 1989 (NSW), ss 32G, 32H

Quick Take

Division 6 of Part 4 of the DDT Regulation 2007 applies to contribution claims commenced in separate proceedings after the plaintiff's claim has been finalised, not only to cross-claims filed in the original proceedings. The regulation-making power in ss 32H(1)(a) and (b) of the DDT Act is broad enough to support this extension. However, the binding effect of a contributions assessment under cl 52 may be difficult to establish if separate proceedings are not commenced promptly after the plaintiff's claim is resolved.