Badenoch v Granite Transformations Pty Ltd [2022] NSWDDT 1

Dust Diseases Tribunal New South Wales Medium Neutral Citation: Badenoch v Granite Transformations Pty Ltd [2022] NSWDDT 1 Hearing dates: 15 March 2022 Date of orders: 17 March 2022 Decision date: 17 March 2022 Before: Russell SC DCJ Decision: (1) Dismiss the Notice of Motion filed by the first defendant on 11 February 2022. (2) Order the first defendant to pay the costs of the plaintiff relating to the Notice of Motion. Catchwords: PROCEDURE – application for proceedings to be dismissed for want of jurisdiction – whether the proceedings are an abuse of the process of the court - whether the proceedings are so obviously untenable that they cannot possibly succeed JURISDICTION – whether the Tribunal has jurisdiction to hear the plaintiff's claim – whether the plaintiff suffers from a dust-related condition – whether silica-related lymphadenopathy is a dust-related condition – whether silica-related lymphadenopathy is a pathological condition of the lungs that is attributable to dust Legislation Cited: Uniform Civil Procedure Rules 2005 (NSW) r 13.4 Dust Diseases Tribunal Act 1989 (NSW), ss 3, 11, Sch 1 Cases Cited: General Steel Industries Inc v Commissioner for Railways (NSW) [1964] HCA 69; (1964) 112 CLR 125 Category: Procedural rulings Parties: Kevin George Badenoch (Plaintiff) Granite Transformations Pty Ltd (First Defendant) Representation: Counsel: A Giurtalis (Plaintiff) J Sharpe (First Defendant)

Solicitors: Maurice Blackburn (Plaintiff) Robert James Lawyers (First Defendant) File Number(s): DDT 2021/337182