Amaca Pty Limited v Ugarte [2023] NSWCA 54

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Amaca Pty Limited v Ugarte [2023] NSWCA 54 Hearing dates: 24 March 2023 Date of orders: 24 March 2023 Decision date: 24 March 2023 Before: Ward P; Basten AJA Decision: (1) Note the undertaking of the applicant to pay the requisite filing fees for the filing of the summons seeking leave to appeal. (2) Applicant to file the notice of appeal restricted to the one ground articulated in oral submissions. (3) Leave to appeal refused with costs. Catchwords: APPEALS – interlocutory appeal – decision of Dust Diseases Tribunal in point of law – continuation of hearing – failure to return matter to claims resolution process – prejudice to parties – no error in point of law COURTS AND JUDGES – review of decision of specialist tribunal – procedure for urgent hearings followed – order in nature of prohibition not warranted Legislation Cited: Dust Diseases Tribunal Act 1989 (NSW), ss 4, 7, 11, 12A, 12B, 13, 32 Supreme Court Act 1970 (NSW), ss 46A, 48, 69 Dust Diseases Tribunal Regulation 2019 (NSW), Pt 3, cll 12, 20 Cases Cited: The Queen v Australian Stevedoring Industry Board; Ex parte Melbourne Stevedoring Co Pty Ltd (1953) 88 CLR 100; [1953] HCA 22 Category: Principal judgment Parties: Amaca Pty Limited (Applicant) Julian Ugarte (Respondent) Representation: Counsel: JC Sheller SC (Applicant) T Moisidis (Respondent)

Solicitors: Mills Oakley Lawyers (Applicant) Maurice Blackburn Lawyers (Respondent) File Number(s): 2023/45673 Publication restriction: Nil Decision under appeal Court or tribunal: Dust Diseases Tribunal Date of Decision: 24 March 2023 Before: Strathdee DCJ File Number(s): 2023/45673