Dust Diseases Tribunal of New South Wales CITATION : Cremer (as Executor of the Late Winifred Cremer v Seltsam Pty Limited & Ors (No. 2) [2004] NSWDDT 28 Philip Leslie Cremer Seltsam Pty Limited PARTIES : Wallaby Grip Limited Wallaby Grip BAE Pty Limited Amaca Pty Limited MATTER NUMBER(S) : 444 of 2002 JUDGMENT OF: Duck J at 1 CATCHWORDS: :- LEGISLATION CITED: CASES CITED: DATES OF HEARING: 13/5/04 DATE OF JUDGMENT: 05/13/2004 FOR PLAINTIFF: Mr B Ferrari instructed by Watkins Tapsell. FOR FIRST DEFENDANT: Mr Luke instructed by Leigh Virtue and Associates. LEGAL REPRESENTATIVES: FOR SECOND & THIRD DEFENDANTS: Mr A Scotting instructed by Acuiti Legal FOR FOURTH DEFENDANT: Mr T R Parker instructed by Holman Webb JUDGMENT: 1. In this matter I find that the defence pleaded in par 8 of the fourth defendant's defence is not made out. I publish my reasons. 2. I order that the costs of 10 May be costs in the cause. Mr B Ferrari, SC instructed by Watkins Tapsell appeared for the plaintiff Mr N Luke instructed by Leigh Virtue and Associates appeared for the first defendant Mr A Scotting instructed by Acuiti Legal appeared for the second and third defendants Mr T R Parker instructed by Holman Webb appeared for the fourth defendant DISCLAIMER - Every effort has been made to comply with suppression orders or statutory provisions prohibiting publication that may apply to this judgment or decision. The onus remains on any person using material in the judgment or decision to ensure that the intended use of that material does not breach any such order or provision. Further enquiries may be directed to the Registry of the Court or Tribunal in which it was generated.