(re Aitken) N.S. DONNELLEY PTY LTD v CGU WORKERS COMP NSW LTD AND ORS [2006] NSWDDT 26

Dust Diseases Tribunal of New South Wales

CITATION : (re Aitken) N.S. DONNELLEY PTY LTD v CGU WORKERS COMP NSW LTD AND ORS [2006] NSWDDT 26

N.S. Donnelley Pty Limited (cross claimant) CGU Workers Compensation (NSW) Limited (first cross defendant) PARTIES : Allianz Australia Workers Compensation (NSW) Limited (second cross defendant) Bluescope Steel Limited (third cross defendant) Amaca Pty Limited (fourth cross defendant)

MATTER NUMBER(S) : 373/03/3

JUDGMENT OF: Kearns J

CATCHWORDS: Dust Diseases Tribunal :- Cross-claim - against insurer - Baker's case - importance of analysing plaintiff's claim and/or findings of fact by trial judge

LEGISLATION CITED: Workers' Compensation Act 1987 Uniform Civil Procedure Rules

Orica Limited v CGU Insurance Limited [2003] NSWCA 331; General Steel Industries Inc v Commissioner for Railways (NSW) (1964) 112 CLR 125; CASES CITED: Chubb Australia Ltd v MMI (Workers' Compensation) Ltd [1999] NSWDDT 7; MMI Insurance Compensation (NSW) Limited v Baker (1997); FAI Traders Insurance Co Limited v HIH Winterthur Workers' Compensation (NSW) Pty Ltd (1998) 45NSWLR 257

DATES OF HEARING: 17/07/06, 14/08/06

DATE OF JUDGMENT: 08/14/2006

EX TEMPORE JUDGMENT DATE : 08/14/2006

Mr D J Russell SC instructed by David Begg & Associates appeared for the cross claimant. LEGAL REPRESENTATIVES: Mr D S Weinberger instructed by Moray & Agnew appeared for the first cross defendant. Mr G J Parker instructed by Ellison Tillyard Callanan appeared for the second cross defendant.