(Re: Chapman) State Rail Authority of New South Wales v Amaca Pty Limited and Anor (Ruling) [2004] NSWDDT 14

Dust Diseases Tribunal of New South Wales

CITATION : (Re: Chapman) State Rail Authority of New South Wales v Amaca Pty Limited and Anor (Ruling) [2004] NSWDDT 14 (Re Chapman) State Rail Authority of New South Wales PARTIES : Amaca Pty Limited Wallaby Grip Limited (ACN 073 005 348) MATTER NUMBER(S) : 38 of 1997/1 JUDGMENT OF: Duck J at 1 CATCHWORDS: :- LEGISLATION CITED: CASES CITED: DATES OF HEARING: 31/05/2004 EX TEMPORE JUDGMENT DATE : 05/31/2004

FOR CROSS-CLAIMANT: Mr M Holmes, QC, and Ms T Moisidis instructed by Dexter Healey. LEGAL REPRESENTATIVES: FOR CROSS-DEFENDANT: Mr G M Watson, SC, instructed by Phillips Fox.

JUDGMENT: 1. A dispute has arisen about admissibility of material produced by Mr Chapman's last employer. The relevance to his original claim was that conceivably the material may have supported that aspect of the claim particularised in the Part 33 particulars relating to economic loss. I note that at the time the proceedings were commenced the plaintiff was 65 years old and at the time they were settled he was 67. The forensic force of the documents is somewhat blunted by his age. A concern expressed by counsel for the defendant is that there may be an argument available to the defendant yet to be formulated with precision dealing with a possible estoppel arising out of the way in which settlement was achieved and orders giving effect to the settlement were entered. 2. I propose to admit the documents but grant liberty to apply during the course of the hearing in the event that some further legal argument relevant to these documents is developed.

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