NSW Caselaw
Dust Diseases Tribunal of New South Wales
CITATION : May v CSR Ltd [2008] NSWDDT 35
Margaret Edith May (As legal personal representative of the estate of the late Kenneth George May) (Plaintiff) PARTIES : CSR Ltd (Discontinued 06/06/2008) (First Defendant) Seltsam Pty Ltd (Second Defendant) Amaca Pty Ltd (Third Defendant)
MATTER NUMBER(S) : 5103 of 2005
JUDGMENT OF: O'Meally P
CATCHWORDS: DUST DISEASES TRIBUNAL :- whether mediation should occur
Dust Diseases Tribunal Regulation 2001 LEGISLATION CITED: Dust Diseases Tribunal Regulation 2007 Compensation (Fatal Injuries) Act (NT) Compensation to Relatives Act 1897
DATES OF HEARING: 24 November 2008
DATE OF JUDGMENT: 24 November 2008
EX TEMPORE JUDGMENT DATE : 24 November 2008
A J Gardiman of Turner Freeman appeared for the Plaintiff LEGAL REPRESENTATIVES: I C Sinnadouari of A R Conolly & Company appeared for the Second Defendant N Lapthorne of DLA Phillips Fox appeared for the Third Defendant
JUDGMENT:
RULING O'MEALLY P 1. Two sets of proceedings which concern the death of the late Kenneth George May have been filed in the Tribunal.
2. The first commenced by the filing of a statement of claim on 11 November 2005. In these proceedings, Mr May sought damages from CSR Limited alleging that he contracted mesothelioma as a result of inhaling asbestos dust and fibre emanating from its products. Thereafter, the proceedings were amended and he sued also Seltsam Pty Limited and Amaca Pty Limited. The claim against CSR was discontinued.
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