Australia, Aug. 11 -- New South Wales Land and Environment Court issued text of the following judgement on July 11:

1. By Notice of Motion (NOM) filed 27 May 2025, Wallaby Grip Limited (WGL) and Wallaby Grip (BAE) Limited (In Liquidation) (the defendants) seek the following orders against Amaca Pty Limited (formerly James Hardie & Coy Pty Ltd) (Amaca):

1) Pursuant to reg 20(1) of the Dust Diseases Tribunal Regulation 2019 (NSW), that this matter be removed from the Claims Resolution Process (CRP).

2) That the matter be struck out pursuant to UCPR r 6.2.

3) In the alternative, that the matter be dismissed pursuant to UCPR r 12.7.

4) Such further or other orders as the Tribunal deems fit.

5) Costs in favour of the Defendants.

2. Amaca opposed the orders sought.

3. The defendants tendered an affidavit of Stuart James Newell affirmed on 27 May 2025 which became exhibit A on the NOM. Amaca tendered an affidavit of Mark Vincent Victorsen sworn 30 May 2025 which became exhibit 1, and a NSW Online Registry entry dated 17 June 2022 which became exhibit 2.

Background

4. By Statement of Claim filed 26 May 2021, Amaca seeks from the defendants the following orders:

1) Contribution and or indemnity pursuant to s 5 of the Law Reform (Miscellaneous Provisions) Act 1946 (NSW).

2) Interest upon any sum which the defendants are ordered to pay to Amaca pursuant to s 100 of the Civil Procedure Act 2005 (NSW) or alternative interest pursuant to s 58 of the Civil Proceedings Act 2011 (Qld).

3) The defendants pay Amaca's Costs of the Statement of Claim (the Cross Claim).

4) Any such orders as the Tribunal sees fit.

5. On 2 June 2025 the matter came before me in the Dust Diseases Tribunal (DDT) General List. Whilst there had a been flurry of activity in the week preceding of the listing of the NOM, Mr Griscti sought an adjournment to put on evidence as to the NOM, which was refused given the delay of some four years in the conduct of the proceedings.

6. The original claim by the plaintiff (Mr Porter) against the defendants was settled in July 2021. Amaca's Division 6 claim which arises out of a Queensland dockyards exposure was served on the defendants in May 2021. As is evidenced in Mr Newell's affidavit, shortly thereafter there was written correspondence from the defendants to Amaca asking for compliance with reg 59 of the Dust Diseases Tribunal Regulation 2019 (NSW), and most importantly the Part 8 Reply which lays out the basis of the case against the defendants.

7. As I understand the Part 8 Reply was only recently served to comply with reg 59.

*Rest of the document can be viewed at: (https://www.caselaw.nsw.gov.au/decision/197f6d12c7660111d2dca501)

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