Turner v Ansett Australia Limited [2007] NSWDDT 26

Dust Diseases Tribunal of New South Wales

CITATION : Turner v Ansett Australia Limited [2007] NSWDDT 26

PARTIES : Joanne Turner Ansett Australia Limited

MATTER NUMBER(S) : 428 of 2001

JUDGMENT OF: Kearns J

Dust Diseases Tribunal :- Proceedings for damages Plaintiff claimed negligent exposure to fumes chemicals and dust while employed by Airline A during 9 year period Airline A admitted employment CATCHWORDS: Both parties later learnt plaintiff worked for Airline E for first 3 year period Application to amend statement of claim to join Airline E and application to amended defence to deny employment for first 3 year period Whether amendment to join Airline E operates from date of joinder or from commencement of proceedings Amendment to statement of claim operates as substitution of defendant's name rather than joinder of new defendant Amendments operated from commencement of proceedings

Workers Compensation Act 1987 Corporations Act 2001 Workers Compensation (Dust Diseases) Act 1942 LEGISLATION CITED: Civil Procedure Act 2005 Uniform Civil Procedure Rules 2005 Dust Diseases Tribunal Act 1989 Supreme Court Rules 1970

Sullivan v Van der Broek [1999] NSWSC 1177; Fernance v Nominal Defendant (1989) 17 NSWLR 710; Bridge Shipping Pty Limited v Grand Shipping SA (1991) 173 CLR 231; CASES CITED: Australia & New Zealand Banking Group Ltd v Larcos (1987) 13 NSWLR 286; Lloyd Steel Co (Aust) Pty Ltd & Anor v Jade Shipping SA & Anor (1985) 1 NSWLR 212; Greater Lithgow City Council v Wolfenden [2007] NSWCA 180; Amaca Pty Limited v Cremer (2006) 4 DDCR 42