(Re Linquist) Burroughs Wellcome and Co and QBE Insurance v Wallaby Grip Ltd

The matter before the tribunal involved a dispute between Burroughs Wellcome and Co and QBE Insurance, who were the defendants in a claim brought by Wallaby Grip Ltd. The tribunal was tasked with determining whether the settlement of the plaintiff's claim removed the cross-claims from the claims resolution process. The Dust Diseases Tribunal was the court that heard the matter.

The primary legal issue that the tribunal had to address was whether the settlement of the plaintiff's claim removed the cross-claims from the claims resolution process. This issue arose because the defendants had settled with the plaintiff, Wallaby Grip Ltd, but the tribunal was still required to determine the liability of the defendants towards each other in relation to the cross-claims.

The tribunal held that the settlement of the plaintiff's claim did not remove the cross-claims from the claims resolution process. The tribunal reasoned that the settlement of the plaintiff's claim did not affect the defendants' liability towards each other in relation to the cross-claims. The tribunal further held that the cross-claims were still subject to the claims resolution process, and the defendants were required to pursue their claims against each other through the appropriate legal channels. The tribunal concluded that the settlement of the plaintiff's claim did not affect the defendants' liability towards each other in relation to the cross-claims, and the cross-claims remained subject to the claims resolution process.

The tribunal made no specific orders in relation to the cross-claims, as it was still required to determine the liability of the defendants towards each other. The tribunal noted that the defendants were free to pursue their claims against each other through the appropriate legal channels, and the settlement of the plaintiff's claim did not affect their ability to do so.