NSW Caselaw
Dust Diseases Tribunal of New South Wales
CITATION : Roberts v ACN 000144141 Pty Ltd and Anor [2008] NSWDDT 4
Elizabeth Mary Roberts (as legal personal representative of the Estate of the Late John Hitchcock) (Plaintiff) PARTIES : ACN 000144141 Pty Ltd (First Defendant) Macbro Properties Pty Ltd (Second Defendant)
MATTER NUMBER(S) : 60 of 2003
JUDGMENT OF: O'Meally P
CATCHWORDS: Dust Diseases Tribunal :- Notice of Motion - Application to appoint designated insurer - Criteria for appointment - Not necessary to find designated insurer on risk when worker last employed in employment to the nature of which disease due - Inquiry concerns fact not nature of employment
LEGISLATION CITED: Workers Compensation Act, 1987 - S 151AB and S 151AC
CASES CITED: QBE Insurance Limited v Bull [1999] NSWCA 185
DATES OF HEARING: 19 February 2008
DATE OF JUDGMENT: 19 February 2008
EX TEMPORE JUDGMENT DATE : 19 February 2008
Mr D C Andersen of Piper Alderman appeared for the Second Defendant (Applicant) LEGAL REPRESENTATIVES: Mr A J Gardiman of Turner Freeman appeared for the Plaintiff
Mr J A D deGreenlaw instructed by McCulloch & Buggy appeared for Mercantile Mutual (Workers Compensation) Limited (Respondent)
JUDGMENT:
RULING O'MEALLY P 1. This is an application by Macbro Properties Pty Limited (formerly McDonald Bros and Co (Lidcombe) Pty Ltd) seeking an order that Mercantile Mutual Insurance (Workers Compensation) Limited (Mercantile Mutual) be appointed designated insurer in proceedings now maintained by Elizabeth Mary Roberts, legal personal representative of the estate of the late John Hitchcock.
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