New South Wales Consolidated Acts

DUST DISEASES TRIBUNAL ACT 1989 - SECT 43

43 Interim payments before or after assessment of damages where inter-insurer dispute

(1) While an inter-insurer dispute remains unresolved, the Tribunal may, in accordance with this section, order a designated insurer who is a party to the dispute to make one or more payments to the plaintiff of part or the whole of the damages sought to be recovered in the proceedings concerned.

(2) The Tribunal may make such an order against a designated insurer on the application of the plaintiff at any stage of the proceedings or at any time during the currency of the dispute (whether before or after judgment has been obtained, and whether before or after damages have been assessed).

(3) The Tribunal may make such an order if:

(a) the defendant or the designated insurer has admitted liability, or

(b) the plaintiff has obtained judgment against the defendant (whether or not damages have been assessed), or

(c) the Tribunal is satisfied that, if the proceedings proceeded to trial, the plaintiff would obtain judgment for substantial damages against the defendant.

(4) The Tribunal may order a designated insurer to make one or more payments of such amounts as it thinks just but not exceeding:

(a) if damages have not been assessed-a reasonable proportion of the damages that in the opinion of the Tribunal are likely to be recovered by the plaintiff, or

(b) if damages have been assessed-the amount of damages as assessed.

(5) In estimating damages that have not been assessed, the Tribunal is to take into account any relevant contributory negligence or any cross-claims on which the defendant may be entitled to rely.