Saroo v Workers Compensation Nominal Insurer & Ors [2024] NSWDDT 4

Dust Diseases Tribunal New South Wales Medium Neutral Citation: Saroo v Workers Compensation Nominal Insurer & Ors [2024] NSWDDT 4 Hearing dates: 7, 15, 17 May 2024 Date of orders: 17 May 2024 Decision date: 17 May 2024 Before: Judge Russell SC Decision: (1) Order the third defendant Caesarstone Australia Pty Ltd to provide verified discovery by 30 June 2024 of the classes of documents set out in pars 1, 2, 3, 4, 5, 6, 7, 8, 10 and 11 of Annexure "A" to the Notice of Motion filed on 15 April 2024. (2) Order the third defendant Caesarstone Australia Pty Ltd to provide verified discovery by 30 June 2024 of all documents, wherever created and located, recording or evidencing the supply or sale of its engineered stone products to: (a) Universal Granite Pty Ltd between 1 March 2008 to 30 September 2019. (b) Macarthur Marble & Granite Pty Ltd between 1 March 2008 to September 2019. (c) Stone-Tech (Holdings) Pty Ltd between 1 March 2008 to September 2019. (d) Stone-Tech (Holdings) Australia Pty Ltd between 17 August 2000 to September 2019. (e) Royal Granite & Marbles Pty Ltd between 1 April 2015 and 30 June 2015. (f) Made in Stone between 1 May 2014 and 30 July 2017. (g) Wintim Stone Australia Pty Ltd between April 2018 and 31 May 2018. (h) Purity Stone Pty Ltd between 1 April 2008 to September 2019. (i) The plaintiff. (j) SWC BF (NSW) Pty Ltd between 30 October 2013 and September 2019. (3) Order the fourth defendant WK Marble and Granite Pty Ltd to provide verified discovery by 30 June 2024 of the classes of documents set out in pars 1, 2, 3, 4, 5, 6, 7, 8, 10 and 11 of Annexure "B" to the Notice of Motion filed on 15 April 2024. (4) Order the fourth defendant WK Marble and Granite Pty Ltd to provide verified discovery by 30 June 2024 of all documents, wherever created and located, recording or evidencing the supply or sale of its engineered stone products to: (a) Universal Granite Pty Ltd between 1 March 2008 to 30 September 2019. (b) Macarthur Marble & Granite Pty Ltd between 1 March 2008 to September 2019. (c) Stone-Tech (Holdings) Pty Ltd between 1 March 2008 to September 2019. (d) Stone-Tech (Holdings) Australia Pty Ltd between 17 August 2000 to September 2019. (e) Royal Granite & Marbles Pty Ltd between 1 April 2015 and 30 June 2015. (f) Made in Stone between 1 May 2014 and 30 July 2017. (g) Wintim Stone Australia Pty Ltd between April 2018 and 31 May 2018. (h) Purity Stone Pty Ltd between 1 April 2008 to September 2019. (i) The plaintiff. (j) SWC BF (NSW) Pty Ltd between 30 October 2013 and September 2019. (5) Order the seventh defendant Smartstone Australia Pty Ltd to provide verified discovery by 30 June 2024 of all classes of documents set out in MFI 1. (6) Order the eighth defendant Halifax Vogel Group Pty Ltd to provide verified discovery by 30 June 2024 of all classes of documents set out in MFI 1. (7) Order the tenth defendant Laminex Group Pty Ltd to provide verified discovery by 30 June 2024 of the classes of documents set out in pars 1, 2, 3, 4, 5, 6, 7, 8, 10 and 11 of Annexure "D" to the Notice of Motion filed on 15 April 2024. (8) Order the tenth defendant Laminex Group Pty Ltd to provide verified discovery by 30 June 2024 of all documents, wherever created and located, recording or evidencing the supply or sale of its engineered stone products to: (a) Universal Granite Pty Ltd between 1 March 2008 to 30 September 2019. (b) Macarthur Marble & Granite Pty Ltd between 1 March 2008 to September 2019. (c) Stone-Tech (Holdings) Pty Ltd between 1 March 2008 to September 2019. (d) Stone-Tech (Holdings) Australia Pty Ltd between 1 March 2008 to September 2019. (e) Royal Granite & Marbles Pty Ltd between 1 April 2015 and 30 June 2015. (f) Made in Stone between 1 May 2014 and 30 July 2017. (g) Wintim Stone Australia Pty Ltd between April 2018 and 31 May 2018. (h) Purity Stone Pty Ltd between 1 April 2008 to September 2019. (i) The plaintiff. (j) SWC BF (NSW) Pty Ltd between 30 October 2013 and September 2019. (9) Order each party to pay his or its own costs of the Notice of Motion filed on 15 April 2024. (10) Re-list the proceedings for directions in the Silicosis List on 5 August 2024. Catchwords: PROCEDURE – discovery – classes of documents – relevance to facts in issue – whether unduly broad and oppressive DISCOVERY – classes of documents – solicitor producing documents not required to determine whether a document in an ordered class is relevant to a narrower pleaded issue Legislation Cited: Civil Procedure Act 2005 (NSW), s 56 Dust Diseases Tribunal Act 1989 (NSW), ss 25, 25A. Dust Diseases Tribunal Rules 2019 (NSW), r 4 Uniform Civil Procedure Rules 2005 (NSW), Part 21, rr 21.1, 21.2, 21.3, 21.4, 21.8, 35.3 Cases Cited: Alexander v Fitzpatrick [1981] Qd R 359 Birmingham v London [1913] 3 KB 850 Caltex Refineries (Qld) v Stavar (2009) 75 NSWLR 649 Commonwealth Bank of Australia v Goater [2016] NWSC 710 Hunter v New England Local Health District v Munters Pty Ltd [2018] NSWSC 788 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 Percy v General Motors-Holden's Pty Ltd [1975] 1 NSWLR 289 Category: Procedural rulings Parties: John Michael Yousif Saroo (Plaintiff) Caesarstone Australia Pty Ltd (Third Defendant) WK Marble and Granite Pty Ltd (Fourth Defendant) Smartstone Australia Pty Ltd (Seventh Defendant) Halifax Vogel Group Pty Ltd (Eighth Defendant) Laminex Group Pty Ltd (Tenth Defendant) Representation: Counsel: S Tzouganatos with V Boutas (Plaintiff) D Priestley SC (Third Defendant) I Griscti (Fourth Defendant) I Griscti (Seventh Defendant) I Griscti (Eighth Defendant) L McFee (Tenth Defendant)