Wallaby Grip (BAE) Pty Ltd (in Liq) v Eraring Energy

Wallaby Grip (BAE) Pty Ltd (in Liq) was the appellant in proceedings before the New South Wales Court of Appeal, with Eraring Energy as the respondent. The dispute concerned a cross-claim for statutory contribution brought by Eraring Energy against Wallaby Grip in the Dust Diseases Tribunal.

The primary legal issues before the Court of Appeal were whether section 26 of the *Limitation Act 1969* (NSW) applied to a claim for contribution within the Dust Diseases Tribunal, and alternatively, whether section 12A of the *Dust Diseases Tribunal Act 1989* (NSW) applied to such cross-claims, thereby rendering them free from any limitation period.

The Court of Appeal considered the interplay between the *Dust Diseases Tribunal Act* and the *Limitation Act*. It was held that section 26 of the *Limitation Act*, which provides a limitation period for contribution claims, was not displaced by the *Dust Diseases Tribunal Act*. The Court reasoned that section 12A of the *Dust Diseases Tribunal Act*, which deals with the application of limitation periods to claims brought within the Tribunal, did not extend to cross-claims for contribution. Therefore, the claim for contribution was subject to the limitation period prescribed by the *Limitation Act*.

The appeal was upheld.