Bakulev v Bluescope Steel (AIS) Pty Ltd [2024] NSWDDT 15

Dust Diseases Tribunal New South Wales Medium Neutral Citation: Bakulev v Bluescope Steel (AIS) Pty Ltd [2024] NSWDDT 15 Hearing dates: 20 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 defendant on 7 November 2024. (2) Order each party to pay his or its own costs of the Notice of Motion. Catchwords: DUST DISEASES – notice of motion – claims resolution process – contributions assessment determination – review of Registrar's decision not to refer for a fresh determination of apportionment – Tribunal has no jurisdiction to conduct review as proceedings are in the claims resolution process Legislation Cited: Law Reform (Miscellaneous Provisions) Act 1946 (NSW) Diseases Tribunal Regulation 2019 (NSW), cll 16, 17, 52(1), 52(4), 52(5), 52(9), 52(10), 52(11) Uniform Civil Procedure Rules 2005 (NSW), r 49.19(1) Cases Cited: QBE Insurance (Australia) Ltd v Wallaby Grip Ltd [2007] NSWCA 43 Category: Procedural rulings Parties: Sasho Bakulev (As Legal Personal Representative of the Late Todor Bakulev) (Plaintiff) Bluescope Steel (AIS) Pty Ltd (First Defendant) Representation: Counsel: S Tzouganatos (Plaintiff) D Andersen (solicitor) (First Defendant)

Solicitors: Koutzoumis Lawyers (Plaintiff) HWL Ebsworth Lawyers (First Defendant) File Number(s): DDT 2023/443945

Judgment

Introduction 1. By a Statement of Claim filed on 7 December 2023 the plaintiff Mr Todor Bakulev sued Bluescope Steel (AIS) Pty Ltd (Bluescope) seeking damages for asbestos-related pleural disease (ARPD) and associated pleural plaques and diffuse pleural thickening. 2. Mr Todor Bakulev died on 24 March 2024. These proceedings have been continued by his son Mr Sasho Bakulev, who is now the plaintiff. 3. By a first cross claim filed on 19 July 2024 Bluescope sought contribution from Amaca Pty Ltd (Amaca). 4. By a second cross claim filed on 22 July 2024 Amaca sought contribution from CSR Ltd (CSR). 5. The matter is still within the Claims Resolution Process (CRP) and there is a mediation scheduled to be held on 26 November 2024.