Abercrombie v BHP Billiton Ltd [2009] NSWDDT 8

Dust Diseases Tribunal of New South Wales

CITATION : Abercrombie v BHP Billiton Ltd [2009] NSWDDT 8

PARTIES : Joseph Abercrombie (Plaintiff) BHP Billiton Limited (Defendant)

MATTER NUMBER(S) : 36 of 2009

JUDGMENT OF: O'Meally P

CATCHWORDS: DUST DISEASES TRIBUNAL :- application to remove claim from claims resolution process - whether application to remove filed in conjunction with statement of claim

Dust Diseases Tribunal Regulation 2001 LEGISLATION CITED: Dust Diseases Tribunal Regulation 2007 Dust Diseases Tribunal Act 1989

CASES CITED: Expate Davis (1857) 5 WR 522 Hills v London Gaslight Co (1857) 27 LJ Ex 60

DATES OF HEARING: 10 March 2009

DATE OF JUDGMENT: 10 March 2009

EX TEMPORE JUDGMENT DATE : 10 March 2009

R Sandhu of Slater & Gordon appeared for the Plaintiff LEGAL REPRESENTATIVES: D C Andersen of Piper Alderman appeared for the Defendant

JUDGMENT:

RULING O'MEALLY P 1. This is an application by Joseph Abercrombie to remove his case from the Claims Resolution Process (CRP) established by the Dust Diseases Tribunal Regulation 2001 and continued by the Dust Diseases Regulation 2007 (the Regulation). Mr Abercrombie commenced proceedings by filing a Statement of Claim in the Tribunal on 20 February 2009.

2. He alleges that between 1950 and 1955 and between 1955 and 1961 he was employed by the defendant as an apprentice refractory bricklayer and as a refractory bricklayer. He alleges that in the course of his employment, he was required to handle asbestos and asbestos products, as a result of which he inhaled asbestos dust and fibre, and contracted asbestosis.