Spinnato v PGH Enfield Bricks Pty Ltd [2008] NSWDDT 23

Dust Diseases Tribunal of New South Wales

CITATION : Spinnato v PGH Enfield Bricks Pty Ltd [2008] NSWDDT 23

Salvatore Spinnato (Plaintiff) PARTIES : PGH Enfield Bricks Pty Ltd (First Defendant) Acmil Industries Pty Ltd t/as PGH Enfield Bricks (Second Defendant)

MATTER NUMBER(S) : 8218 of 2008

JUDGMENT OF: O'Meally P

CATCHWORDS: DUST DISEASES TRIBUNAL :- Dust Diseases Tribunal Regulation - claim removed from Claims Resolution Process - whether compulsory mediation and contributions assessment should be ordered - question whether first defendant entitled to indemnify - second defendant de-registered - mediation and contributions assessment not ordered

LEGISLATION CITED: Dust Diseases Tribunal Regulation 2007

DATES OF HEARING: 1 September 2008

DATE OF JUDGMENT: 1 September 2008

EX TEMPORE JUDGMENT DATE : 1 September 2008

A J Gardiman of Turner Freeman appeared for the Plaintiff LEGAL REPRESENTATIVES: C D Anderson of Ellison Tillyard Callanan appeared for the Second Defendant

JUDGMENT:

RULING O'MEALLY P 1. Salvatore Spinnato has issued a statement of claim naming PGH Enfield Bricks Pty Limited and Acmil Industries Pty Limited trading as PGH Enfield Bricks as defendants. He alleges that in employment by each he was exposed to asbestos and as a consequence has contracted malignant mesothelioma. Based upon the report of Professor Steven Clarke bearing date 17 July 2008 his claim was, pursuant to cl 22(1)(a) of the Dust Diseases Tribunal Regulation 2007 (the Regulation), removed from the Claims Resolution Process. This is because his case is urgent and he has a limited life expectancy. He is expected to die before the time provided for mediation by the Regulation will expire.