Harper v Sydney Local Health District (No. 2) [2020] NSWDDT 11

Dust Diseases Tribunal New South Wales Medium Neutral Citation: Harper v Sydney Local Health District (No. 2) [2020] NSWDDT 11 Hearing dates: 3 December 2020 Date of orders: 8 December 2020 Decision date: 08 December 2020 Before: Russell SC DCJ Decision: (1) Order pursuant to r 4 of the Dust Diseases Tribunal Rules 2019 that the defendant provide verified discovery by 31 December 2020 of the documents in the categories identified in annexure "A" to the plaintiff's Notice of Motion filed on 3 December 2020. (2) Order the defendant to pay the plaintiff's costs of the Motion. Catchwords: PROCEDURE — DUST DISEASES — discovery — facts in issue — whether discovery should be confined to documents relating to period of alleged asbestos exposure — whether documents created outside exposure period would have probative value or be relevant to a key fact in issue — discovery necessary to ensure that outstanding issues in dispute are properly tried Legislation Cited: Dust Diseases Tribunal Rules 2019, rr 4, 5, 6 Uniform Civil Procedure Rules 2005 (NSW), r 21.8 Cases Cited: Hunter New England Local Health District v Munters Pty Ltd [2018] NSWSC 788 Wilkinson v Perisher Blue Pty Ltd [2012] NSWCA 250 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) Thomson Cooper Lawyers Pty Ltd (Defendant) File Number(s): DDT 2020/176944