Wilson v F.T. Eastment & Sons Pty Ltd (in liquidation) and Ors [2022] NSWDDT 4

Dust Diseases Tribunal New South Wales Medium Neutral Citation: Wilson v F.T. Eastment & Sons Pty Ltd (in liquidation) and Ors [2022] NSWDDT 4 Hearing dates: 03 August 2022 Date of orders: 17 August 2022 Decision date: 17 August 2022 Before: Strathdee, J Decision: (1) The restoration costs occasioned by the plaintiff in the Supreme Court proceedings are to be paid by Eastment, with no contribution from Amaca or Seltsam to those costs. (2) Eastment is to pay the costs of Amaca and Seltsam on this application in the Dust Diseases Tribunal. Catchwords: DUST DISEASES TRIBUNAL – costs of restoration to the company register – payable by whom – deregistered company v insurer CIVIL PROCEDURE – can orders for costs be made against third parties WORKERS COMPENSATION – deregistered company and insurer – Insurers' Guarantee Fund – liability – Workers Compensation Act 1987 (NSW), s 227 COSTS – costs order of Supreme Court – can it be binding in a different court – by whom are the costs of the restoration of a deregistered company to the Company Register payable Legislation Cited: Dust Diseases Tribunal Regulation 2019 Workers Compensation Act 1987 (NSW) Corporations Act 2001 (Cth) Category: Procedural rulings Parties: Kenneth Andrew Wilson (Plaintiff) F.T Eastment & Sons Pty Ltd (In Liquidation) ACN 000 399 075 (First Defendant) (Cross-Claimant) Amaca Pty Limited (Formerly known as James Hardie & Coy Pty Ltd) ACN 000 035 512 (Under NSW Administered Winding Up) (Second Defendant/First Cross Defendant) Seltsam Pty Limited (formerly known as Wunderlich Limited) ACN 000 003 374 (Second Cross-Defendant) Representation: Counsel: Ms T Moisidis appeared for the First Defendant Mr J Sheller SC appeared for the Second Defendant Mr D Miller appeared for the Second Cross-Defendant