Janette Lorraine Sheldon v Tenix Properties Pty Limited [2021] NSWDDT 2

Dust Diseases Tribunal New South Wales Medium Neutral Citation: Janette Lorraine Sheldon v Tenix Properties Pty Limited [2021] NSWDDT 2 Hearing dates: 1 June 2021 Date of orders: 4 June 2021 Decision date: 04 June 2021 Before: Strathdee, J Decision: (1) The Notice of Motion is dismissed. (2) The plaintiff is to pay the costs of SIRA as agreed or assessed. (3) No order as to the costs of Tenix. Catchwords: CIVIL PROCEDURE – parties – proper party – whether the Authority of the Insurers' Guarantee Fund a proper party to the proceedings STATUTORY INTERPRETATION – deregistered company – literal meaning – Workers Compensation Act 1987 (NSW), s 236 – entitlement to payment WORKERS COMPENSATION – insurance – Insurers' Guarantee Fund- liability – Workers Compensation Act 1987 (NSW), s 236(2) – whether plaintiff entitled to proceed directly against the Authority – precondition to liability Legislation Cited: Civil Procedure Act 2005 (NSW) Uniform Civil Procedure Rules 2005 (NSW) Workers Compensation Act 1987 (NSW) Cases Cited: Richards Contracting Co Management Pty Limited [2021] NSWCA 34 Category: Procedural rulings Parties: Janette Lorraine Sheldon as Legal Personal Representative of the Estate of the Late Lawrence Sheldon (Plaintiff) Tenix Properties Pty Limited (previously known as Marr (Contracting) Pty Limited and E.A. Marr (Contracting) Pty Limited) (Defendant) Representation: Counsel: Mr J Sharpe appeared for the Plaintiff Mr T Rowles appeared for the Defendant Mr D Toomey SC appeared for the State Insurance Regulatory Authority (SIRA)