Dust Diseases Tribunal of New South Wales CITATION : (Re: Chapman) State Rail Authority of New South Wales v Amaca Pty Limited & Anor (No. 1) [2004] NSWDDT 29 State Rail Authority of New South Wales PARTIES : Amaca Pty Limited Wallaby Grip Limited MATTER NUMBER(S) : 38 of 1997 CC 1 JUDGMENT OF: Duck J at 1 CATCHWORDS: :- LEGISLATION CITED: CASES CITED: DATES OF HEARING: 31/05/04 DATE OF JUDGMENT: 05/31/2004 FOR CROSS CLAIMANT: Mr M Holmes, QC and Ms T Moisidis instructed by Dexter Healey LEGAL REPRESENTATIVES: FOR CROSS DEFENDANT: Mr G M Watson, SC instructed by Phillips Fox JUDGMENT: 1. A dispute has arisen about admissibility of material produced by Mr Chapman's last employer. The relevance to his original claim was that conceivably the material may have supported that aspect of the claim particularised in the Part 33 particulars relating to economic loss. I note that at the time the proceedings were commenced the plaintiff was 65 years old and at the time they were settled he was 67. The forensic force of the documents is somewhat blunted by his age. A concern expressed by counsel for the defendant is that there may be an argument available to the defendant yet to be formulated with precision dealing with a possible estoppel arising out of the way in which settlement was achieved and orders giving effect to the settlement were entered. 2. I propose to admit the documents but grant liberty to apply during the course of the hearing in the event that some further legal argument relevant to these documents is developed. Mr M Holmes QC and Ms T Moisidis instructed by Dexter Healey appeared for the cross-claimant Mr G M Watson SC instructed by Phillips Fox appeared for the first cross-defendant DISCLAIMER - Every effort has been made to comply with suppression orders or statutory provisions prohibiting publication that may apply to this judgment or decision. The onus remains on any person using material in the judgment or decision to ensure that the intended use of that material does not breach any such order or provision. Further enquiries may be directed to the Registry of the Court or Tribunal in which it was generated.