L and a Fazzini Pty Ltd v Amaca Pty Ltd

The applicants, L and a Fazzini Pty Ltd, sought to recover contributions from the respondent, Amaca Pty Ltd, in relation to a settlement of a dust diseases claim. The original claim was brought in the Dust Diseases Tribunal of New South Wales. As part of the resolution process under Part 4 of the *Dust Diseases Tribunal Regulation 2013* (NSW), a contribution assessment determination was made. The co-defendants, including the applicants and the respondent, consented to orders giving effect to this determination without admitting liability. Subsequently, the applicants initiated a claim in restitution against the respondent to recover amounts paid pursuant to that determination. The Court of Appeal of New South Wales heard the appeal.

The central legal issue before the Court of Appeal was whether the applicants were entitled to recover contributions from the respondent in restitution, notwithstanding that the original claim was settled by consent orders without an admission of liability. This involved determining the nature of the consent orders and whether they created an enforceable obligation for contribution between the co-defendants, or if the applicants bore the onus of proving their entitlement to restitution independently of the Tribunal's determination.

The Court of Appeal reasoned that the consent orders made by the Dust Diseases Tribunal, which gave effect to the contribution assessment determination, were not merely administrative but had the character of a judgment. The Court held that the applicants had not discharged the onus of proving that the respondent was unjustly enriched at their expense, which is a necessary element for a claim in restitution. The Court found that the consent orders did not establish a basis for a claim in restitution, and that the applicants were bound by the terms of those orders. The appeal was dismissed with costs.