Petrovski v Bluescope Steel and Anor [2007] NSWDDT 33

Dust Diseases Tribunal of New South Wales

CITATION : Petrovski v Bluescope Steel and Anor [2007] NSWDDT 33

Stefan Petrovski (Plaintiff) PARTIES : Bluescope Steel (AIS) Pty Ltd (First Defendant) Allianz Australia Ltd (Second Defendant)

MATTER NUMBER(S) : 113 of 2003

JUDGMENT OF: O'Meally P

CATCHWORDS: Dust Diseases Tribunal :-

DATES OF HEARING: 18 December 2007

DATE OF JUDGMENT: 18 December 2007

EX TEMPORE JUDGMENT DATE : 18 December 2007

Mr K J Fowlie of Slater & Gordon appeared for the Plaintiff LEGAL REPRESENTATIVES: Mr T M Rowles instructed by Sparke Helmore appeared for the Defendant

JUDGMENT:

RULING O'MEALLY P 1. Stefan Petrovski, the plaintiff, has settled his differences with Allianz Australia Ltd (Allianz) and seeks to have judgment entered. Allianz is the insurer which stands in the shoes of Metal Manufacturers Ltd (MML). MML no longer exists and has been removed from the register of companies. The plaintiff alleged employment by MML and by the company which is now known as Bluescope Steel (AIS) Pty Ltd (Bluescope), and that he contracted asbestos related pleural disease (ARPD) as a result of exposure to asbestos in the course of those employments. ARPD is a divisible injury.

2. In compliance with the Dust Diseases Tribunal Regulation 2007 (the Regulation), a contributions assessor has been appointed. Mr Rowles, who appears for Bluescope, objects to the entry of judgment at this stage and has invited me to adjourn the application until the contribution assessment has been completed. Contribution assessment is not due to be completed until a date long hence.