NSW Caselaw
Dust Diseases Tribunal of New South Wales
CITATION : Depasquale v Allianz Australia Insurance Limited & Anor [2008] NSWDDT 5 This decision has been amended. Please see the end of the judgment for a list of the amendments.
Andrew Michael Depasquale PARTIES : Allianz Australia Insurance Limited Amaca Pty Limited
MATTER NUMBER(S) : 7050 of 2007
JUDGMENT OF: Kearns J
Dust Diseases Tribunal :- application to proceed against insurers under s.6(4) of the Law Reform (Miscellaneous Provisions) Act 1946 whether leave should be refused because s.151AB of the Workers Compensation Act identified an appropriate insurer CATCHWORDS: whether s.151AB applies where there is no insurer on risk when plaintiff last employed in employment to which the nature of his disease is due issue not decided on an interlocutory claim whether exposure of a kind to satisfy test under s.151AB not determined on an interlocutory basis
Law Reform (Miscellaneous Provisions) Act 1946 LEGISLATION CITED: Workers Compensation Act 1987 Dust Diseases Tribunal Act 1989
CASES CITED: Tzaidas v Child [2004] NSWCA 252 Wunderlich Limited v Manufacturers Mutual Insurance Limited [1981] 2 NSWLR 678
DATES OF HEARING: 30.01.2008, 31.01.2008
DATE OF JUDGMENT: 31 January 2008
Mr G Little, SC instructed by Turner Freeman appeared for the Plaintiff
LEGAL REPRESENTATIVES: Mr G P F Rundle instructed by Hicksons Lawyers appeared for the First Defendant No Appearance for the Second Defendant Mr G P F Rundle instructed by Hicksons Lawyers appeared for the proposed third defendant Mr Swan of Moray & Agnew appeared for the proposed fourth defendant
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