Gauld v Woodall-Duckham Ltd & Ors [2020] NSWDDT 10

Dust Diseases Tribunal New South Wales Medium Neutral Citation: Gauld v Woodall-Duckham Ltd & Ors [2020] NSWDDT 10 Hearing dates: 17 November 2020 Date of orders: 20 November 2020 Decision date: 20 November 2020 Before: Russell SC DCJ Decision: (1) Order that Helen Gauld be appointed to represent the estate of the late John Alexander Gauld in these proceedings. (2) Order that Helen Gauld file an Amended Statement of Claim within 7 days. (3) Pursuant to r 1.12 of the Uniform Civil Procedure Rules 2005 (NSW) order that the time for serving the Statement of Claim filed on 24 December 2019 and the Amended Statement of Claim referred to in Order (2) be extended to 3 February 2021. (4) Liberty to apply by Motion if any further extension of time for service is sought. (5) Order that if the plaintiff obtains an order for costs against the third defendant on a final hearing, then such order shall include an order that the third defendant pay the plaintiff's costs of the motion. Catchwords: PROCEDURE − case arising out of asbestos exposure during employment many decades ago − stale Statement of Claim − whether court should exercise its power to extend time for service − legal representatives experienced difficulty in ascertaining the relevant workers compensation insurer due to passage of time − no deliberate decision by plaintiff or legal representatives to delay service of originating process − whether there would be prejudice to the estate of the deceased plaintiff if the extension of time is not granted − whether there would be prejudice to the defendant if application is granted Legislation Cited: Civil Procedure Act 2005 (NSW) ss 56, 57, 58 and 59 Uniform Civil Procedure Rules 2005 (NSW), rr 1.12, 6.2(4)(a), 7.10(2)(b) Cases Cited: Arthur Andersen Corporate Finance Pty Ltd v Buzzle Operations Pty Ltd (In Liquidation) [2009] NSWCA 104 Category: Procedural and other rulings Parties: John Alexander Gauld (Plaintiff) Woodall-Duckham Ltd (First Defendant) Ralph M Parsons Company Pty Ltd (Second Defendant) Amaca Pty Ltd (Third Defendant) Wallaby Grip (BAE) Pty Ltd (In Liquidation) (Fourth Defendant Wallaby Grip (NSW) Pty Ltd (In Liquidation) (Fifth Defendant) Representation: Counsel: S Tzouganatos (Plaintiff) I Griscti (Third Defendant)