NSW Caselaw
Dust Diseases Tribunal of New South Wales
CITATION : Frodyma v Royal Adelaide Hospital [2006] NSWDDT 11
PARTIES : Magery Louise Frodyma (Plaintiff) Royal Adelaide Hospital (Defendant)
MATTER NUMBER(S) : 6088/06
JUDGMENT OF: O'Meally P
CATCHWORDS: Dust Diseases Tribunal :- Application to stay proceedings - Service and Execution of Process Act (Cth) S 20 - Parties resident in South Australia - South Australian tort - Substantive law of South Australia - Limited life expectancy of plaintiff - District Court of South Australia available to receive plaintiff's evidence on short notice - Dust Diseases Act (SA) - Dust Diseases Tribunal Act (NSW) - Substantive and procedural provisions - Proceedings stayed until further order
Service and Execution of Process Act 1992 (Cth) LEGISLATION CITED: Dust Diseases Tribunal Act 1989 Dust Diseases Act 2005 (SA)
John Pfeiffer Pty Ltd v Rogerson (2000) 203 CLR 503; Julia Farr Services Incorporated v Hayes (2003) 24 NSWCCR 138; CASES CITED: Hearn v Commonwealth of Australia (2000) 21 NSWCCR 203; BHP Billiton Ltd v Schultz (2004) 221 CLR 400; Pozniak v Smith (1982) 151 CLR 38.
DATES OF HEARING: 28/04/2006
DATE OF JUDGMENT: 04/28/2006
EX TEMPORE JUDGMENT DATE : 04/28/2006
Mr G P F Rundle instructed by Church & Grace appeared for the applicant defendant LEGAL REPRESENTATIVES: Mr M J Joseph SC instructed by Alex Stuart & Associates appeared for the respondent plaintiff
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