Harper v Sydney Local Health District [2020] NSWDDT 9

Dust Diseases Tribunal New South Wales Medium Neutral Citation: Harper v Sydney Local Health District [2020] NSWDDT 9 Hearing dates: 17 November 2020 Date of orders: 19 November 2020 Decision date: 19 November 2020 Before: Russell SC DCJ Decision: (1) These proceedings are removed from the Claims Resolution Process pursuant to cl 20(1)(c) of the Dust Diseases Tribunal Regulation 2019 (NSW). (2) The proceedings are listed for directions before me at 2.00pm on 20 November 2020. (3) Costs reserved. Catchwords: PROCEDURE – plaintiff suffering from malignant pleural mesothelioma and malignant peritoneal mesothelioma – several complex liability and causation issues – large claim for past and future economic loss – mediation delayed with no prospect of it being held by parties – whether proceedings should be removed from the Claims Resolution Process pursuant to cl 20(1)(c) of the Dust Diseases Tribunal Regulation 2019 (NSW) Legislation Cited: Dust Diseases Tribunal Regulation (NSW) 2019, cll 12, 16, 17(1), 17(2), 20(1), 20(6), 67(1) Category: Procedural and other rulings Parties: Warwick Raymond Harper (Plaintiff) Sydney Local Health District (Defendant) Representation: Counsel: S Tzouganatos (Plaintiff) J Sharpe (Defendant)

Solicitors: Turner Freeman (Plaintiff) Thompson Cooper Lawyers Pty Ltd (Defendant) File Number(s): DDT 2020/176944

Judgment

Introduction 1. By a motion filed in court by leave on 17 November 2020, the plaintiff sought an order pursuant to cl 20(1)(c) of the Dust Diseases Tribunal Regulation 2019 (NSW) ("the Regulation") that the proceedings be removed from the Claims Resolution Process ("CRP") and be subject to case management by a judge of the Tribunal.