NSW Caselaw
Dust Diseases Tribunal of New South Wales
CITATION : (re Heath) Delta Electricity v Power Technologies Pty Limited & Ors [2007] NSWDDT 19
Delta Electricity Power Technologies Pty Limited Wallaby Grip Limited Wallaby Grip (NSW) Pty Limited (in liquidation) Wallaby Grip (BAE) Pty Limited (in liquidation) PARTIES : Amaca Pty Limited Bradford Insulation Industries Pty Limited The English Electric Company Limited Alstom Australia Limited AWI Holdings Pty Limited CSR Limited
MATTER NUMBER(S) : 173/2004/CC1 of
JUDGMENT OF: Kearns J
:- DDT and cross-claim CATCHWORDS: Claims Resolution Process Whether retrospective - Transitional provision applying to "claims commenced by statement of claim" Whether applicable to cross-claims and whether applicable to cross-claims commenced by cross-claims
Dust Diseases Tribunal Amendment (Claims Resolution) Act 2005 LEGISLATION CITED: Dust Diseases Tribunal Regulation 2001 Dust Diseases Tribunal Act 1989 Law Reform (Miscellaneous Provisions) Act 1946
CASES CITED: Burroughs Wellcome & Co (Australia) Pty Ltd v Wallaby Grip Limited (2006) 4 DDCR 113; QBE Insurance (Australia) Ltd v Wallaby Grip Ltd [2007] NSWCA 43
DATES OF HEARING: 19/07/2007, 27/08/2007
DATE OF JUDGMENT: 27 August 2007
Mr Squires of Goldrick Farrell Mullan appeared with leave for the Main Cross Claimant
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