Sliwinski v W Tolson & Company Pty Limited and Ors [2022] NSWDDT 7

Dust Diseases Tribunal New South Wales Medium Neutral Citation: Sliwinski v W Tolson & Company Pty Limited and Ors [2022] NSWDDT 7 Hearing dates: 18 November 2022 Date of orders: 7 December 2022 Decision date: 07 December 2022 Before: Strathdee, J Decision: (1) I make an order in accordance with prayer 1 of the Notice of Motion filed 5 October 2022. (2) Costs of the Motion are reserved. (3) Listed for further directions before me on 30 January 2023. Catchwords: PROCEDURE – DUST DISEASES – amendment to Statement of Claim – amendment to join another defendant after the Claims Resolution Process has concluded – prejudice to current parties – delay occasioned by amendment – costs of any amendment Legislation Cited: Civil Procedure Act 2005 (NSW) Dust Diseases Tribunal Regulation 2019 (NSW) Uniform Civil Procedure Rules 2005 (NSW) Category: Procedural rulings Parties: George Stan Sliwinski (Plaintiff) W Tolson & Company Pty Limited [ACN: 004 114 961] (First Defendant) Amaca Pty Limited (formerly known as James Hardie & Coy Pty Limited) (Second Defendant) Workers Compensation Default Insurance Fund Manager (Third Defendant) Representation: Counsel: Mr S Tzouganatos appeared for the Plaintiff Mr J Sheller SC appeared for the First Defendant

Solicitors: Mr J Walsh, Maurice Blackburn Lawyers (Plaintiff) Mr C Gotis-Graham, Mills Oakley Lawyers (First Defendant) File Number(s): 2021/344107