NSW Caselaw
Dust Diseases Tribunal of New South Wales
CITATION : Abercrombie v BHP Billiton Ltd (No. 3) [2009] NSWDDT 9
PARTIES : Joseph Abercrombie (Plaintiff) BHP Billiton Ltd (Defendant)
MATTER NUMBER(S) : 36 of 2009
JUDGMENT OF: O'Meally P
CATCHWORDS: DUST DISEASES TRIBUNAL :- words and phrases - "filed in conjunction with" application to remove claim from claims resolution process on ground of urgency - whether application to remove filed in conjunction with statement of claim - whether Tribunal has jurisdiction to order removal - whether clause 22(1)(a) of the Dust Diseases Tribunal regulation operates independently of clause 24(7)
Dust Diseases Tribunal Act 1989 LEGISLATION CITED: Dust Diseases Tribunal Regulation 2001 Dust Diseases Tribunal Regulation 2007
Stansfield and Stansfield (trading as Rambler Caravans) v Commissioner of Stamps (1978) 18 SASR 139 Simpson v Australian Telecommunications Commission (1978) 22 ALR 434 CASES CITED: Franklin v Moore (1980) 26 SASR 176 Ex Parte Davis (1857) 5 WR 522 Hills v London Gaslight Company (1857) 27 LJ Ex 60
DATES OF HEARING: 20 March 2009
DATE OF JUDGMENT: 20 March 2009
EX TEMPORE JUDGMENT DATE : 20 March 2009
S Tzouganatos instructed by Slater & Gordon appeared for the Plaintiff LEGAL REPRESENTATIVES: D C Andersen of Piper Alderman appeared for the Defendant
JUDGMENT:
O'MEALLY P RULING 1. On Tuesday 10 March 2009 I heard an application by Joseph Abercrombie to remove his claim against BHP Billiton Limited from the claims resolution process (the CRP). An order was made removing it. However, after delivering my reasons, Mr Andersen successfully applied under s 13(6) of the Dust Diseases Tribunal Act 1989 (the Act) for reconsideration of my ruling. Then, having acceded to his application and revoked the order, I adjourned the application for hearing until 16 March 2009. On that date, for reasons which are unnecessary now to recite, the hearing of the application was adjourned until today, and I have heard argument from Mr Andersen for the defendant, and from Mr Tzouganatos who appears for the plaintiff.
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