(Re: Singh) Stevedoring Finance Committee v Patrick Operations Pty Limited & Anor [2004] NSWDDT 22

Dust Diseases Tribunal of New South Wales

CITATION : (Re: Singh) Stevedoring Finance Committee v Patrick Operations Pty Limited & Anor [2004] NSWDDT 22 Stevedoring Industry Finance Committee PARTIES : Patrick Operations Pty Limited Anshun Pty Limited MATTER NUMBER(S) : 102 of 2003/1 JUDGMENT OF: Walker J at 1 CATCHWORDS: :- LEGISLATION CITED: CASES CITED: DATES OF HEARING: 13/07/2004 DATE OF JUDGMENT: 08/20/2004

CROSS CLAIMANT: Mr Scotting instructed by Blake Dawson Waldron LEGAL REPRESENTATIVES: CROSS DEFENDANT: Mr Jobson instructed by McCulloch and Buggy

JUDGMENT:

BACKGROUND.

(1) In the primary proceedings Jack Singh sued the Stevedoring Industry Finance Committee (a body established by the Australian Stevedoring Industry Authority pursuant to the provisions of the Stevedoring Industry Act) on the 23rd of October 2000 for damages for contracting asbestosis and asbestos related pleural disease caused by the Committees negligence and breach of duty of care associated with his repeated exposure in his work to the inhalation of asbestos dust and fibres.

(2) On the 23rd of October 2003 consent judgement was entered in favour of the plaintiff against the cross claimant in the sum of $190,000 damages plus $30,000 costs.

(3) On 24th of December 2003, by leave of the court, the Committee issued a cross-claim against the cross defendants pursuant to S 5 (1) (a) of the Law Reform (Miscellaneous Provisions) Act 1946 alleging both cross defendants owed a duty of care to the plaintiff; that the plaintiff's injuries were foreseeable and that in consequence of the cross defendants breach of duty the plaintiff suffered his damage.