Latz v Hansen Family Investments (Ruling) [2005] NSWDDT 34

Dust Diseases Tribunal of New South Wales

CITATION : Latz v Hansen Family Investments (Ruling) [2005] NSWDDT 34

Robert Douglas Latz (Plaintiff) PARTIES : Hansen Family Investments Pty Ltd (Formerely known as Hansen & Yunken Pty Ltd (In Liquidation) (First Defendant) Regit (No 2) Pty Ltd (Formely known as Hansen & Yunken (SA) Pty Ltd (In Liquidation) (Second Defendant)

MATTER NUMBER(S) : 109/05

JUDGMENT OF: O'Meally P at 1

:- Application for adjournment - case part heard - damages only issue - application for special leave to Hight Court Of Australia in similar case - leave application irrelevant to current proceedings - CATCHWORDS: adjournment refused

Jurisdiction Of Courts (Cross-Vesting) Act, 1987 LEGISLATION CITED: Dust Diseases Tribunal Act, 1989; s 25(3), s 24A, s 25B

BHP v Utting and Anor [2005] NSWSC 260; CASES CITED: BHP v Schultz [2004] 78 at 91 [27]

DATES OF HEARING: 16 May 2005

EX TEMPORE JUDGMENT DATE : 05/16/2005

M J Joseph (SC) instructed by Alex Stuart & Associates appeared for the plaintiff LEGAL REPRESENTATIVES: J A Jobson instructed be Mculloch & Buggy appeared for the defendants

JUDGMENT: RULING O'MEALLY P

1. On 3 May last I travelled to the home of the plaintiff at 108 Military Road, Henley Beach South, a suburb of Adelaide in the State of South Australia and received the evidence of the plaintiff, Robert Douglas Latz. Mr Latz, as is now admitted, is suffering from malignant mesothelioma. He is expected soon to die. The factor influencing me to travel to South Australia on the day following the application to do so was that Mr Latz was then struggling with shortness of breath, was on oxygen 24 hours a day and when seen by Dr Keefe, whose report formed the basis of the application, was at a stage where he would soon not be able to give evidence and might die at any time.