Read v Comcare [2020] NSWDDT 6

Dust Diseases Tribunal New South Wales Medium Neutral Citation: Read v Comcare [2020] NSWDDT 6 Hearing dates: 28 April, 19 June 2020 Date of orders: 16 July 2020 Decision date: 16 July 2020 Before: Russell SC DCJ Decision: (1) Determine pursuant to Rule 28.2 of the Uniform Civil Procedure Rules 2005 that the second defendant Icon Water Limited is liable to the plaintiff in respect of the breaches of duty of care alleged by the plaintiff in the Second Further Amended Statement of Claim filed on 5 November 2019. (2) Order the second defendant to pay the costs of the plaintiff and the costs of the first defendant of the determination of the separate question. Catchwords: STATUTORY INTERPRETATION – whether there was a liability of the Commonwealth or a Commonwealth authority to the plaintiff when claim made – Asbestos Related Claims (Management of Commonwealth Liabilities) Act 2005 (Cth), ss 3, 5 STATUTORY INTERPRETATION – whether the ACT Electricity Authority was a Commonwealth authority – whether the ACT Electricity & Water Authority was a Commonwealth authority – Asbestos Related Claims (Management of Commonwealth Liabilities) Act 2005 (Cth), s 3 STATUTORY INTERPRETATION – whether potential or contingent liability of the Commonwealth or a Commonwealth authority was transferred – Australian Capital Territory Electricity Supply Act 1962 (Cth), ss 5, 6, 17, 18, 19, 20, 23, 35 – Electricity and Water Ordinance 1988 (ACT) ss 4, 5, 31, 84, 90 – Electricity and Water (Corporatisation) (Consequential Provisions) Act 1995 (ACT) s 4 Legislation Cited: Acts Interpretation Act 1901 (Cth) s 2H Acts Interpretation Amendment Act 2011 (Cth) Sch 3 cl 1 Asbestos Related Claims (Management of Commonwealth Liabilities) Act 2005 (Cth), ss 3, 5 Australian Capital Territory Electricity Supply Act 1962 (Cth), ss 5, 6, 17, 18, 19, 20, 23, 35 Electricity and Water (Corporatisation) (Consequential Provisions) Act 1995 (ACT) ss 2,4 Electricity and Water Ordinance 1988 (ACT) ss 4, 5, 31, 84, 90 Safety Rehabilitation and Compensation Act 1988 (Cth), s 4 Seat of Government (Administration) Act 1910 (Cth) s 12 Seat of Government Acceptance Act 1909 (Cth) s 5 Stevedoring Industry Act 1956 (Cth) Stevedoring Industry Acts (Termination) Act 1977 (Cth), ss 14,15 Stevedoring Industry Finance Committee Act 1977 (Cth) Uniform Civil Procedure Rules 2005 (NSW), r 28.2 Cases Cited: Comcare v Heffernan [2011] FCAFC 131; (2011) 196 FCR 494 Crimmins v Stevedoring Industry Finance Committee [1999] HCA 59; (1999) 200 CLR 1 Walters v Babergh District Council (1983) 82 LGR 235 Texts Cited: ACT Special Gazette No.S148 dated 28 June 1995 Commonwealth, Parliamentary Debates, House of Representatives, 24 May 2005, Second Reading Speech (Mr Dutton – Minister for Workforce Participation) Commonwealth, Parliamentary Debates, Senate, 27 November 1962, Second Reading Speech, (Senator Wade – Minister for Health) Explanatory Memorandum to the Abestos-related Claims (Management of Commonwealth Liabilities) Bill 2005 Category: Procedural and other rulings Parties: Pauline Edith Read (Plaintiff) Comcare (First Defendant) Icon Water Limited (Second Defendant) Representation: Counsel: Mr S. Tzouganatos (Plaintiff) Mr T. Howe QC (First Defendant) Ms M. Allars SC (Second Defendant)