CSR Limited v Amaca Pty Limited

In the matters of *McDonald* and *Jones-Mashman*, CSR Limited appealed to the Court of Appeal of New South Wales against decisions of the Dust Diseases Tribunal. The dispute concerned cross-claims for contribution made by CSR Limited against Amaca Pty Limited, arising from claims for dust-related diseases.

The primary legal issues before the Court of Appeal were the construction of a partnership agreement and a deed of dissolution, specifically whether an indemnity clause within the partnership agreement, which extended beyond the partnership period, was overridden by the release provisions in the deed of dissolution. The court also considered the principles of causation in dust disease claims and the jurisdiction of the Dust Diseases Tribunal to hear such cross-claims.

The Court of Appeal found that the indemnity clause in the partnership agreement was intended to operate in relation to claims that extended beyond the partnership period. However, it held that the deed of dissolution contained a release that protected the parties from any claim, past, present, or future, that one partner might have had under its right of indemnity. Consequently, the release in the deed of dissolution was effective to prevent Amaca Pty Limited from pursuing its cross-claim for contribution against CSR Limited.

In the *McDonald* matter, the appeal was allowed, the judgment of the Dust Diseases Tribunal was set aside, and judgment was entered for CSR Limited against Amaca Pty Limited on the cross-claim, with costs awarded to CSR Limited. In the *Jones-Mashman* matter, the appeal was also allowed, the judgment of the Dust Diseases Tribunal was set aside, and the matter was remitted to the Tribunal for determination of outstanding issues, with costs awarded to CSR Limited.