Weber V Wollongong Coal & Ors [2022] NSWDDT 3

Dust Diseases Tribunal New South Wales Medium Neutral Citation: Weber V Wollongong Coal & Ors [2022] NSWDDT 3 Hearing dates: 21 July 2022 Date of orders: 17 August 2022 Decision date: 17 August 2022 Before: Strathdee J Decision: (1) Pursuant to Part 21 of the Uniform Civil Procedure Rules 2005 and Rule 4 of the Dust Diseases Tribunal Rules 2019, the first defendant to provide verified discovery of the classes of documents as set out in Annexure A to the Notice of Motion filed 6 July 2022, but limited to the period 28 February 1996 and 28 February 2019, within 28 days of this date. (2) Pursuant to Part 21 of the Uniform Civil Procedure Rules 2005 and Rule 4 of the Dust Diseases Tribunal Rules 2019, the third defendant to provide verified discovery of the classes of documents as set out in Annexure C to the Notice of Motion filed 6 July 2022, within 28 days of this date. (3) Pursuant to Part 21 of the Uniform Civil Procedure Rules 2005 and Rule 4 of the Dust Diseases Tribunal Rules 2019, the fourth defendant to provide verified discovery of the classes of documents as set out in paragraphs 7 to 10 of Annexure D to the Notice of Motion filed 6 July 2022, within 28 days of this date. (4) The first, third and fourth defendants are to pay the plaintiff's costs of the Motion. (5) Matter listed part-heard before me for further directions at 10 am on 19 September 2022. (6) If the parties seek an alternate costs order, I ask that my Associate be notified within 21 days of this date. Catchwords: PROCEDURE – discovery – where all issues in the proceedings are in dispute – use of a subpoena – whether discovery is necessary – whether exceptional circumstances warrant discovery before service of evidence – whether documents sought are relevant in the resolution of the real issues in the proceedings – whether categories are oppressive – order for discovery granted DUST DISEASES – Dust Diseases Tribunal – discovery – facts in issue in the proceedings Legislation Cited: Civil Liability (Third Party Claims Against Insurers) Act 2017 (NSW) Civil Procedure Act 2005 (NSW) Dust Diseases Tribunal Act 1989 (NSW) Dust Diseases Tribunal Rules 2019 (NSW) Uniform Civil Procedure Rules 2005 (NSW) Cases Cited: Bulga Coal Management Pty Ltd v Hope Wines Group Pty Ltd [2020] NSWSC 1783 Commonwealth Bank of Australia v Goater [2016] NSWSC 710 Hunter New England Local Health District v Munters Pty Limited [2018] NSWSC 788 ICAP Pty Ltd v Moebes [2009] NSWSC 306 Metal Storm Limited (subject to a deed of company arrangement) ACN 064 270 006 [2016] NSWSC 306 Palavi v Radio 2UE Sydney Pty Ltd [2011] NSWCA 264 Category: Procedural rulings Parties: Mark David Weber (Plaintiff) Wollongong Coal Limited (First Defendant) WDS (Mining) Pty Ltd (Second Defendant CAS Mine Services Pty Ltd (Third Defendant) Coal Mines Insurance Pty Ltd (Fourth Defendant) QBE Insurance (Australia) Ltd (Fifth Defendant) Representation: Counsel: Mr S Tzouganatos appeared for the Plaintiff Mr G P F Rundle appeared for the First Defendant Mr T Rowles appeared for the Third and Fourth Defendants Mr J Sheller SC appeared for QBE Insurance (Australia)