Talifero v Asbestos Injuries Compensation Fund Limited as Trustee for the Asbestos Injuries Compensation Fund

(2018) 98 NSWLR 1107; [2018] NSWCA 227

NSW Court of Appeal

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Interrogate

Catchwords

1. Trusts
2. › Charitable trusts
3. › Asbestos compensation fund
4. › Tripartite scheme comprising statute, trust deed and funding agreement
5. › Construction of interrelated instruments
6. › Whether trustee obliged to pay full judgment debt or only proportion attributable to Australian exposure
7. › James Hardie Former Subsidiaries (Winding Up and Administration) Act 2005 (NSW), ss 4, 23, 32, 34, 55
1. Trusts
2. › Charitable trusts
3. › Asbestos compensation fund
4. › Definition of 'payable liability' and 'Personal Asbestos Claim'
5. › Whether definitions refer to exposure alleged in claim or actual lifetime exposure
6. › James Hardie Former Subsidiaries (Winding Up and Administration) Act 2005 (NSW), s 4(1)
1. Practice and Procedure
2. › Appeals
3. › Standing to appeal
4. › Non-party seeking to appeal from judicial advice
5. › Whether leave required
6. › Whether non-party 'aggrieved' or 'sufficiently interested'
7. › Supreme Court Act 1970 (NSW), s 101(1)(a)
1. Practice and Procedure
2. › Judicial advice to trustees
3. › Appeal from judicial advice
4. › Whether appropriate to substitute different advice on appeal
5. › James Hardie Former Subsidiaries (Winding Up and Administration) Act 2005 (NSW), s 55

Quick Take

Where a mesothelioma claimant's claim against a James Hardie liable entity is founded solely on exposure to asbestos in Australia, the Trustee of the Asbestos Injuries Compensation Fund is obliged to pay the full judgment debt, notwithstanding the claimant's actual exposure to asbestos overseas.

Case Details

Citation[2018] NSWCA 227

Reported(2018) 98 NSWLR 1107

CourtNSWCA

JurisdictionNew South Wales

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Cited by7

Relies on10

2018Asbestos Injuries Compensation Fund Limited as Trustee for the Asbestos Injuries Compensation FundNSWSC 589
2015Alcan Gove Pty Ltd v ZabicHCA 33
2015Tomlinson v Ramsey Food Processing Pty LimitedHCA 28
2015Fortress Credit Corporation (Australia) II Pty Ltd v Fletcher & Barnet (as liquidators of Octaviar Administration Pty Ltd (in Liq) & OrsNSWCA 85
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