Carey v SRA of NSW and Ors [2008] NSWDDT 9

Dust Diseases Tribunal of New South Wales

CITATION : Carey v SRA of NSW and Ors [2008] NSWDDT 9

Ronald James Carey (Plaintiff) State Rail Authority of NSW (First Defendant) South Western Area Health Service (Second Defendant) PARTIES : Orica Limited (Third Defendant) Commonwealth-New Guinea Timbers Limited (Fourth Defendant) BHP (AIS) Pty Limited (Fifth Defendant) Incitec limited (Sixth Defendant)

MATTER NUMBER(S) : 89 of 2001

JUDGMENT OF: O'Meally P

CATCHWORDS: DUST DISEASES TRIBUNAL :- Dust Diseases Tribunal Regulation - delay in prosecuting plaintiff's claim - claim subject to Claims Resolution Process - no current claim proposal provided by plaintiff - application by defendant to remove claim from Claims Resolution Process - application by defendant to strike out for want of prosecution - cl 16(2) - plaintiff not ready to proceed - application refused - cl 19 removes capacity of Tribunal to regulate proceedings when claims subject to Claims Resolution Process

LEGISLATION CITED: Dust Diseases Tribunal Regulation 2007

DATES OF HEARING: 14 April 2008

DATE OF JUDGMENT: 14 April 2008

EX TEMPORE JUDGMENT DATE : 14 April 2008

Mr T M Rowles instructed by Sparke Helmore appeared for the applicant fifth Defendant LEGAL REPRESENTATIVES: Mr A J Gardiman of Turner Freeman appeared for the Plaintiff respondant

JUDGMENT:

RULING O'MEALLY P 1. More than seven years ago, Ronald James Carey filed a statement of claim in the Tribunal seeking damages. He alleged that negligently and in breach of statutory duty and contractual obligation, he had been exposed to asbestos, as a result of which he suffered, amongst other disorders, asbestos related pleural disease. His case came before the Tribunal on various occasions before various judges and various registrars until on 16 December 2002 it was stood into the not ready list, a list which no longer exists.