Eraring Energy v SC Cheadle Hulme Ltd [2005] NSWDDT 46

Dust Diseases Tribunal of New South Wales

Eraring Energy v SC Cheadle Hulme Ltd [2005] NSWDDT 46 CITATION : This decision has been amended. Please see the end of the judgment for a list of the amendments.

Eraring Energy PARTIES : SC Cheadle Hulme Limited ( Formerly sued as Simon Carves)

MATTER NUMBER(S) : 85 of 2000

JUDGMENT OF: Walker J at 1

:-

LEGISLATION CITED: s 5 and s 6 of the Law Reform ( Miscellaneous Provisions) Act 1946

(Re Gynes) Eraring Energy v Cheadle Hulme Ltd & Ors (unreported 24 September 2004 Matter No DDT 70 of 2001); Stevens v Brodribb Sawmilling Co. Pty Ltd (1986) 160 CLR 16; Donnelly v Edelsten (1994) 49 FCR 384); James Hardie & Co Pty Limited v Hall (Putt) (1998) 16 NSWCCR 289 ; CSR Limited v Wren (1998) 15 NSWCCR 650; CASES CITED: Voli v Inglewood Shire Council (1963) 110 CLR 74; (Re Hunt) Ex Parte Sean Investments Pty Ltd (1979) 180 CLR 322 at 329 ; Podrebersek v Australian Iron & Steel Pty Limited (1985) 59 ALJR 492 ; Wynbergen v Hoyts Corporation Pty Ltd (1997) 72 ALJR 60 at 66 Macquarie Pathology Services Pty Ltd v Sullivan NSWCA No:40313/94 28 March 1995 ; James Hardie Pty Limited v Roberts (1999) 18 NSWCCR 500

DATE OF JUDGMENT: 08/05/2005

Cross Claimant: Wendy S. Strathdee

JUDGMENT:

Judgment Walker J

Background To Litigation

A brief history of these proceedings is as follows:

1. Pat Hood contracted asbestosis, pleural thickening and pleural plaques whilst employed by JR Pillars Pty Ltd as a rigger\scaffolder at the Tallawarra Power Station between 1952 and 1959. During his employment which involved building and construction work upon a new power station he was exposed to and inhaled asbestos dust and fibre as a bystander working in the vicinity of laggers applying asbestos insulation to the boilers plant and equipment a task which involved sawing, drilling and culting of asbestos material.