Eraring Energy v S.C Cheadle Hulme [2005] NSWDDT 45

Dust Diseases Tribunal of New South Wales

CITATION : Eraring Energy v S.C Cheadle Hulme [2005] NSWDDT 45

Eraring Energy ( formerly sued as Pacific Power) PARTIES : S.C.Cheadle Hulme Limited ( formerly sued as Simon Carves Limited)

MATTER NUMBER(S) : 112 of 1998

JUDGMENT OF: Walker J at 1

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LEGISLATION CITED: Law Reform ( Miscellaneous Provisions) Act 1946 s5 & 6

Eraring Energy v Simon Carves Limited (Matter No DDT 85 of 2000). ; Eraring Energy v Cheadle Hulme Limited and Ors (Unreported 24 September 2004 Matter No DDT 70 of 2001; Stevens v Brodribb Sawmilling Co. Pty Limited 1986 160 CLR 16. CSR Limited v Wren (1998) 15 NSWCCR 650); CASES CITED: Voli v Inglewood & Shire Council (1963) 110 CLR 74, Florida Hotels v Mayo (1965) 113 CLR 588.; Wyong Shire v Shirt (1980- CLR 40 at 48) ; Ross v Meggitt Overseas Limited (1999) 18 NSWCCR 324

DATES OF HEARING: 03/02/2005

DATE OF JUDGMENT: 08/29/2005

Cross Claimant: W.Strathdee

JUDGMENT:

Judgment Walker J Background To Litigation.

A brief history of these proceedings is as follows: 1. Giovanni Slaviero contracted mesothelioma after being employed by Concrete Constructions Pty Ltd between 1952 and 1954 and Stockton's Pty Limited between 1954 and 1957 during the construction of the Tallawarra Power Station. During that employment he was exposed to and inhaled asbestos dust and fibre used in the construction and maintenance of the Power Stations boilers and associated plant and equipment.

2. Mr Slaviero sued in June 1988: (i) Pacific Power (now Eraring Energy) who was the owner occupier of the Tallawarra Power Station for damages for negligence for breach of duty of care.