Smith v CSR Limited & Ors [2024] NSWDDT 14

Dust Diseases Tribunal New South Wales Medium Neutral Citation: Smith v CSR Limited & Ors [2024] NSWDDT 14 Hearing dates: 19 November 2024 Date of orders: 21 November 2024 Decision date: 21 November 2024 Before: Russell SC DCJ Decision: (1) Dismiss the Notice of Motion filed by the plaintiff on 29 October 2024. (2) Order each party to pay his or its own costs of the Notice of Motion. Catchwords: DUST DISEASES – subpoena – application to set aside – legitimate forensic purpose – documents produced may throw light on the issues in the substantive proceedings – defendants are entitled to put plaintiff to proof – documents could bear upon reliability of plaintiff's evidence concerning exposure event COSTS – parties to pay their own costs – dispute could have been avoided if a plain English explanation was given when a plain English question was asked Cases Cited: Ahmed v Ahmed [2013] NSWSC 1814 National Employers' Mutual General Association Ltd v Waind [1978] 1 NSWLR 372 SingTel Optus Pty Ltd v Weston [2011] NSWSC 1083; (2011) 81 NSWLR 526 Spencer Motors Pty Ltd v LNC Industries Ltd [1982] 2 NSWLR 921 Category: Procedural rulings Parties: Peter Ronald Smith (Plaintiff) CSR Limited (First Defendant) Midalco Pty Limited (Second Defendant) Shire of Ashburton (Fourth Defendant) Representation: Counsel: S Tzouganatos (Plaintiff) D Miller (solicitor) (First and Second Defendants) D Andersen (solicitor) (Fourth Defendant)