NSW Caselaw
Reported Decision (2004) 2 DDCR 1
Dust Diseases Tribunal of New South Wales
CITATION : Williams (As Legal Personal Representative of the Estate of the Late Russell John Charles Williams) & Anor v B I Contracting Pty Ltd & Ors [2004] NSWDDT 19 Gloria Dawn Mary Williams (As Legal Personal Representative of the Estate of the Late Russell John Charles Williams) PARTIES : Gloria Dawn May Williams B I Contracting Pty Ltd CSR Ltd MATTER NUMBER(S) : 262 of 2002; 263 of 2002 JUDGMENT OF: O'Meally P at 1 :- Dust Diseases Tribunal negligence liability holding company control over subsidary companies duty of care of each company coextensive holding company liable for negligence of subsidiary companies
Dust Diseases Tribunal estate action negligence occurring in South Australia Limitations of Actions Act (SA) 1936 s 48 "plaintiff" in s 48 regarded as deceased person not legal personal representative no evidence that deceased person unaware of material facts verdict for the defendants CATCHWORDS: Dust Diseases Tribunal action by widow Wrongs Act (SA) 1936 negligence occurring in South Australia Limitations of Actions Act (SA) 1936 plaintiff unaware of material facts verdict for the plaintiff
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