Karteris v Omonoia Constructions & Ors [2009] NSWDDT 19

Dust Diseases Tribunal of New South Wales

CITATION : Karteris v Omonoia Constructions & Ors [2009] NSWDDT 19

Lambros Karteris Stelios Hatzisarantinos, James Katakouzinos and James Katsianis trading as Omonoia Constructions PARTIES : CGU Insurance Limited GIO General Limited Mercantile Mutual Insurance (Workers' Compensation) Limited WorkCover Authority of New South Wales

MATTER NUMBER(S) : 7093 of 2007

JUDGMENT OF: Kearns J

CATCHWORDS: DUST DISEASES TRIBUNAL :- Costs

LEGISLATION CITED: Dust Diseases Tribunal Act 1989

CASES CITED: Harris v Commercial Minerals Limited DDT30/91, [1999] NSWCA 94 Apostolopoulos v Hatzisarantinos & Ors t/a Omonoia Constructions [2008] NSWDDT 33

DATES OF HEARING: 22 June 2009

DATE OF JUDGMENT: 23 July 2009

Mr P Semmler QC with Mr S Tzouganatos instructed by Turner Freeman appeared for the plaintiff LEGAL REPRESENTATIVES: Mr J Sharpe instructed by Thompson Cooper Lawyers appeared for the first defendant. Mr J Sharpe appeared on behalf of the other defendants.

JUDGMENT:

1. On 11 January 2008, the plaintiff filed a notice under s25B of the Dust Diseases Tribunal Act 1989. Relevantly, he relied on determinations by Johns J in Harris v Commercial Minerals Limited DDT30/91 and by the Court of Appeal in its decision on appeal [1999] NSWCA 94. On 2 June 2008, the first defendant filed a notice of motion seeking leave to re-litigate and re-argue the determinations relied on by the plaintiff. In addition to seeking leave to re-litigate the determinations relied on by the plaintiff, it also sought orders or rulings that the determinations were not in relation to issues of a general nature within the meaning of the section.