Not many cases run to judgment in the Dust Diseases Tribunal.
However, in recent weeks there have been two decisions, one of
which lays down what could be regarded as new guidelines in
relation to the payment of interest, while the other one of which
again addresses the difficult issue of general damages for
mesothelioma.
Repayment of interest when challenging a CAD
In Jaron Holdings Pty Limited v Amaca Pty Limited
[2017] NSWDDT 4, the plaintiff, Robert Hall, sued Jaron Holdings,
which settled Mr Hall's claim for $1,385,000 inclusive of
costs.
Jaron then brought proceedings for contribution against Amaca.
The recovery claim duly proceeded to a contributions assessment
determination ("CAD"), which allocated 47.1% to Jaron and
52.9% to Amaca. Amaca duly paid Jaron 52.9% of the original
settlement, simultaneously advising Jaron that it intended to
contest the CAD.
