(Re Zunic) BHP Billiton v Commonwealth of Australia [2007] NSWDDT 34

Dust Diseases Tribunal of New South Wales

CITATION : (Re Zunic) BHP Billiton v Commonwealth of Australia [2007] NSWDDT 34

PARTIES : Bhp Billiton Ltd (Formerly The Broken Holl Proprietary Company Limited t/as The Whyalla Ship Building and Engineering Works) (Cross-Claimant) Commonwealth of Australia (Cross-Defendant)

MATTER NUMBER(S) : 90/2001/3 of

JUDGMENT OF: O'Meally P

CATCHWORDS: Dust Diseases Tribunal :- Application to issue cross-claim out of time - Implied term in contract of employment - Cross-Defendant alleges breach of implied term by Cross-Claimant - Claim for indemnity by reason of breach - Application granted - Delay in bringing application - Cross-Defendant to pay Cross-Claimant's costs.

LEGISLATION CITED: Law Reform (Contributory Negligence and Apportionment of Liability) Act 2001, S6, SA

Florida Hotels Pty Ltd v Mayo (1965) 113 CLR 588; CASES CITED: Astley and Ors v Austrust Ltd (1999) 197 CLR 1; Oxley County Council v McDonald; Brambles Holdings Ltd v McDonald and Ors [1999] NSWCA 126; Redken Laboratories (Aust) Pty Limited v Docker & Anor [2000] NSWCA 100

DATES OF HEARING: 10 December 2007

DATE OF JUDGMENT: 10 December 2007

EX TEMPORE JUDGMENT DATE : 10 December 2007

Mr T G R Parker, SC instructed by Piper Alderman appeared for the Cross-Claimant LEGAL REPRESENTATIVES: Mr P J Deakin, QC with Mr M A McDonogh instructed by Minter Ellison appeared for the Cross-Claimant

JUDGMENT:

RULING O'MEALLY P 1. This is an application by the Commonwealth of Australia (the Commonwealth) to issue a cross-claim out of time.