NSW Caselaw
Dust Diseases Tribunal of New South Wales
CITATION : (re Zunic) BHP Billiton Limited v Commonwealth of Australia & Ors [2008] NSWDDT 16
BHP Billiton Limited Commonwealth of Australia PARTIES : Newbrook Insulation Company Pty Limited (In Liquidation) Newton Brooks Insulation Company Pty Limited (In Liquidation) Newbrook (Whyalla) Pty Limited (In Liquidation)
MATTER NUMBER(S) : 90/2001/CC3
JUDGMENT OF: Kearns J
DUST DISEASES TRIBUNAL :- Ruling; discovery; application by BHP for the Commonwealth to provide discovery of certain categories of documents; application resisted by the Commonwealth; Part 23 Rule 5 of Supreme Court Rules requiring special reasons; CATCHWORDS: whether discovery should be refused for discretionary considerations including lapse of time; resort to other processes to obtain documents; order being sought close to a hearing date that was to be vacated; lack of protest for a long time as to the adequacy of production; extensive delay and massive costs; documents being in Commonwealth Archives and allegedly equally available to BHP and Commonwealth; BHP having copies of the documents.
LEGISLATION CITED: Supreme Court Rules Archives Act 1983
DATES OF HEARING: 23 May 2008
DATE OF JUDGMENT: 28 May 2008
Mr T G R Parker SC, with Mr D Villa, instructed by Piper Alderman, appeared for the cross claimant. LEGAL REPRESENTATIVES: Mr P Deakin SC, with Mr M McDonogh, instructed by Minter Ellison, appeared for the first cross defendant.
We try to embed the page this law was scraped from. If the site blocks framing, you still get the link and a local excerpt.
Last checked with source on —
Checking whether the official page can be embedded…
Plain-English simplify of this law: a short summary, key points, and both sides of the argument. Generated on first view via Replicate, then cached. Vote on what helps your study.
No study brief is cached for this law yet. Sign up to generate a plain-English brief.
Sign up to generate