Di Giulio v Shell Refining (Australia) Pty Ltd & Anor (No 1) [2004] NSWDDT 36

Dust Diseases Tribunal of New South Wales

CITATION : Di Giulio v Shell Refining (Australia) Pty Ltd & Anor (No 1) [2004] NSWDDT 36 Costanza Di Giulio PARTIES : Shell Refining (Australia) Pty Ltd Amaca Pty Ltd MATTER NUMBER(S) : 456/03 JUDGMENT OF: Duck J at 1 CATCHWORDS: :- LEGISLATION CITED: CASES CITED: DATES OF HEARING: 02/08/04 DATE OF JUDGMENT: 08/02/2004

FOR PLAINTIFF: Mr A Leslie, QC instructed by Turner Freeman LEGAL REPRESENTATIVES: FOR FIRST DEFENDANT: Mr T J Morahan instructed by Coleman and Greig. FOR SECOND DEFENDANT: Ms W Strathdee instructed by Phillips Fox

JUDGMENT: 1. Application is made to amend the Pt 33 statement by adding to par 3(b) funeral expenses and cost of interment $30,000. The defendants object. It is sought to ask of each of the defendants what prejudice is asserted to arise from the amendment. 2. I refuse the application to amend. I do so on the ground that it is too late to be adding such a claim without notice. Mr A Leslie, QC instructed by Turner Freeman appeared for the Plaintiff Mr T J Morahan instructed by Coleman and Greig appeared for the First Defendant Ms W Strathdee instructed by Phillips Fox appeared for the Second Defendant

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