Keogh v CPB Contractors Pty Ltd & Ors [2024] NSWDDT 3

Dust Diseases Tribunal New South Wales Medium Neutral Citation: Keogh v CPB Contractors Pty Ltd & Ors [2024] NSWDDT 3 Hearing dates: 8 April 2024 Date of orders: 8 April 2024 Decision date: 08 April 2024 Before: Judge Russell SC Decision: Ex tempore reasons given in court Catchwords: PROCEDURAL – trial – evidence-in-chief – objection to plaintiff's evidence-in-chief being given by affidavit – usual and long-standing Tribunal practice of allowing unwell plaintiff to give evidence-in-chief by affidavit – plaintiff with significant emotional and psychiatric issues – unfair burden to require plaintiff to give oral evidence-in-chief – defendants can appropriately cross-examine plaintiff Cases Cited: Thomas v SMP (International) Pty Ltd [2010] NSWSC 822 Category: Procedural rulings Parties: Craig Andrew Keogh (Plaintiff) CPB Contractors Pty Ltd (First Defendant) Campbell Mining Services Pty Ltd (Second Defendant) Downer EDI Mining Pty Ltd (Third Defendant) Downer Mining Regional (NSW) Pty Ltd (Fifth Defendant) Representation: Counsel: S Tzouganatos/V Boutas (Plaintiff) D Talintyre (First Defendant re Poitrel Mine) I Griscti (First Defendant re Moorvale Mine) D Talintyre (Second Defendant) D Talintyre (Third Defendant re Blackwater Mine) G Rundle (Third Defendant re Boggabri Mine) T Rowles (Fifth Defendant)

Solicitors: Shine Laywers (Plaintiff) BT Lawyers (First Defendant re Poitrel Mine) Mills Oakley (First Defendant re Moorvale Mine) BT Lawyers (Second Defendant) BT Lawyers (Third Defendant re Blackwater Mine) Wotton & Kearney (Third Defendant re Boggabri Mine) Sparke Helmore (Fifth Defendant) File Number(s): DDT 2021/45484