Kennedy v CIMIC Group Ltd and CPB Contractors Pty Ltd (No 2) [2020] NSWDDT 8

Dust Diseases Tribunal New South Wales Medium Neutral Citation: Kennedy v CIMIC Group Ltd and CPB Contractors Pty Ltd (No 2) [2020] NSWDDT 8 Hearing dates: On the papers. Submissions dated 27 August 2020 Date of orders: 07 October 2020 Decision date: 07 October 2020 Before: Scotting J Decision: (1) The figures in order 1 and order 3 in the principal judgment should be amended to substitute the figure of $690,562 with the figure of $685,726. (2) The award for the second period of s 15B damages in the future at [288] of the principal judgment should be amended to substitute the figure of $112,448 with the figure of $107,612. (3) The total award of s 15B damages for the future at [289] and [290] of the principal judgment should be amended to substitute the figure of $200,724 with the figure of $195,888. (4) The plaintiff and CIMIC are to pay their own costs of this application. Catchwords: DUST DISEASES TRIBUNAL – amendment to award of damages Legislation Cited: Civil Liability Act 2002 (NSW) Civil Procedure Act 2005 Dust Diseases Tribunal Act 1989 Uniform Civil Procedure Rules Cases Cited: Kennedy v CIMIC Group Ltd and CPB Contractors Pty Ltd [2020] NSWDDT 7 Newmont Yandal Operations Pty Ltd v The J Aron Corporation and The Goldman Sachs Group Inc (2007) 70 NSWLR 411 Category: Consequential orders (other than Costs) Parties: Fabian Kennedy (Plaintiff) CIMIC Group Limited (formerly Leighton Contractors Ltd) (First Defendant) CPB Contractors Pty Ltd (formerly Leighton Contractors Pty Ltd) (Second Defendant) Representation: Counsel: J McIntyre SC (Plaintiff) D Priestley SC (First Defendant) G Parker SC (Second Defendant)