NSW Caselaw
Dust Diseases Tribunal of New South Wales
CITATION : (Re Osborne) Eraring Energy v The English Electric Co [2008] NSWDDT 19
PARTIES : Eraring Energy (Cross-Claimant) The English Electric Company Ltd (Fourth Cross-Defendant)
MATTER NUMBER(S) : 7140/07/1
JUDGMENT OF: O'Meally P
CATCHWORDS: DUST DISEASES TRIBUNAL :- Dust Diseases Tribunal Regulation 2007 - determination by a Contributions Assessor - whether determination requires cross-defendant to pay money to defendant - whether rule ultra vires - rule held valid
Dust Diseases Tribunal Act 1989 LEGISLATION CITED: Dust Diseases Tribunal Regulation 2007 Law Reform (Miscellaneous Provisions) Act 1946
QBE Insurance (Australia) Ltd v Wallaby Grip and Ors [2007] NSWCA 43 CASES CITED: Harrington v Low [1996] HCA 8; (1996) 160 CLR 311 State of New South Wales v Law and Ors (1992) IR 62 Combined State Unions v State Services Co-ordinating Committee [1982] 1 NZLR 745
DATES OF HEARING: 30 June 2008
DATE OF JUDGMENT: 30 June 2008
EX TEMPORE JUDGMENT DATE : 30 June 2008
Mr P W Squires appeared with leave for the Cross-Claimant LEGAL REPRESENTATIVES: Mr D C Andersen of Piper Alderman appeared for the Cross-Defendant
JUDGMENT:
Dust Diseases Tribunal of New South Wales DDT7140 of 2007/1 (Denis Arthur Osborne) C.C.: Eraring Energy (Cross-Claimant) v C.D.: Wallaby Grip Ltd (First Cross-Defendant)
C.D.: Amaca Pty Ltd (Formerly James Hardie & Coy Pty Ltd) (Second Cross-Defendant)
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