Topalovic v BlueScope Steel (AIS) Pty Ltd [2024] NSWDDT 7

Dust Diseases Tribunal New South Wales Medium Neutral Citation: Topalovic v BlueScope Steel (AIS) Pty Ltd [2024] NSWDDT 7 Hearing dates: 3 June 2024 Date of orders: 11 June 2024 Decision date: 11 June 2024 Before: Scotting J Decision: (1) Pursuant to cl 20(1)(c) of the Dust Diseases Tribunal Regulation 2019, the proceedings are removed from the Claims Resolution Process. (2) I will hear from the parties as to the appropriate directions to be made to bring the matter to mediation as soon as practicable. (3) The plaintiff is to pay the costs of the Notice of Motion and the costs thrown away by the refusal to attend the medical examination with Professor McKenzie on 29 May 2024. (4) I grant liberty to either party to seek a different costs order. Catchwords: DUST DISEASES — refusal to attend medical appointment – removal from CRP - mediation Legislation Cited: Civil Liability Act 2002 Dust Diseases Tribunal Regulation 2019 Category: Procedural rulings Parties: BlueScope Steel (AIS) Pty Ltd (Applicant/Defendant) Momcilo Topalovic (Respondent/Plaintiff) Representation: Counsel: A Giurtalis (Respondent/Plaintiff)

Solicitors: HWL Ebsworth Lawyers (Applicant/Defendant) Nikolovski Lawyers (Respondent/Plaintiff) File Number(s): 2023/213804 Publication restriction: None

Judgment

Introduction 1. The defendant, BlueScope Steel (AIS) Pty Limited (BlueScope), seeks an order that the proceedings be removed from the claims resolution process (CRP) pursuant to cl 20(1)(c) Dust Diseases Tribunal Regulation 2019 (the Regulations), on the basis that the plaintiff has failed to comply with a requirement of the CRP and the failure has resulted in substantial prejudice to BlueScope or substantial delay. 2. BlueScope read an affidavit of David Christopher Andersen affirmed on 29 May 2024. 3. The plaintiff read an affidavit of Chris Nikolovski affirmed on 1 June 2024. 4. For the reasons that follow, I am satisfied that the plaintiff has failed to comply with a requirement of the CRP and that as a result BlueScope will suffer substantial prejudice. Accordingly, the proceedings will be removed from the CRP and be the subject of judicial management with a view to holding a mediation as soon as is reasonably practicable.