Eaton v Carrier Air Conditioning Pty Ltd and Ors (No 1) [2004] NSWDDT 54

Dust Diseases Tribunal of New South Wales

CITATION : Eaton v Carrier Air Conditioning Pty Ltd and Ors (No 1) [2004] NSWDDT 54 Isabella Margaret Eaton (Administrator Ad Litem representating the estate of the late George Eaton) (Plaintiff) Carrier Air Conditioning Pty Ltd (First Defendant) PARTIES : Amaca Pty Ltd (Second Defendant) McPhearson's Ltd (Third Defendant) Wallaby Grip Ltd (Fourth Defendant) Wallaby Grip (BAE) Pty Ltd (Fifth Defendant) MATTER NUMBER(S) : 84/03 JUDGMENT OF: O'Meally P CATCHWORDS: DUST DISEASES TRIBUNAL :- PROCEDURE - miscellaneous procedural matters - other matters - Plaintiff seeks to rely on notice pursuant to Section 25B LEGISLATION CITED: Dust Diseases Tribunal Act 1989 CASES CITED: Bendix Mintex Pty Ltd v Barnes (1997) 42 NSWLR 307 DATES OF HEARING: 3 September 2004 EX TEMPORE JUDGMENT DATE : 09/03/2004

M J Joseph, SC with R A O'Keefe instructed by Slater & Gordon appeared for the Plaintiff W S Strathdee instructed by Phillips Fox appeared for the Second defendant LEGAL REPRESENTATIVES: G M Watson, SC instructed by Cowley Hearne appeared for the Third Defendant D J Russell, SC instructed by Acuiti Legal appeared for the Fourth and Fifth Defendants

JUDGMENT:

1. Mr Joseph seeks pursuant to s 25B of the Dust Diseases Tribunal Act to rely upon a notice filed on 22 April 2003. That notice contains a recitation of matters dealt with in earlier cases.

2. S 25B provides: (1) Issues of a general nature determined in proceedings before the Tribunal (including proceedings on an appeal from the Tribunal) may not be relitigated or reargued in other proceedings before the Tribunal without the leave of the Tribunal, whether or not the proceedings are between the same parties.