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 DISCLAIMER - Every effort has been made to comply with suppression orders or statutory provisions prohibiting publication that may apply to this judgment or decision. The onus remains on any person using material in the judgment or decision to ensure that the intended use of that material does not breach any such order or provision. Further enquiries may be directed to the Registry of the Court or Tribunal in which it was generated.