Julia Farr Services v Dust Diseases Tribunal & Anor [2002] NSWCA 407

New South Wales Court of Appeal

CITATION : Julia Farr Services v Dust Diseases Tribunal & Anor [2002] NSWCA 407 FILE NUMBER(S) : CA 41155/02 HEARING DATE(S) : 13 December 2002 JUDGMENT DATE : 13 December 2002

Julia Farr Services Incorporated PARTIES : v Dust Diseases Tribunal of NSW and Ethel Barbara Hayes JUDGMENT OF : Handley JA at 1; Sheller JA at 1; Giles JA at 1

LOWER COURT JURISDICTION : Dust Diseases Tribunal LOWER COURT DDT 329/02 FILE NUMBER(S) : LOWER COURT Maguire J JUDICIAL OFFICER :

Claimant - D Miller COUNSEL : Opponent 1 - Submitting Appearance Opponent 2 - M Joseph SC/K Sant Claimant - Church & Grace SOLICITORS : Opponent 1 - Submitting Appearance Opponent 2 - Alex Stuart & Associates CATCHWORDS : DUST DISEASES TRIBUNAL - jurisdiction CASES CITED: Goliath Portland Cement Co Limited v Bengtell (1994) 33 NSWLR 414 DECISION : Summons dismissed with costs

IN THE SUPREME COURT OF NEW SOUTH WALES COURT OF APPEAL

41155/02 DDT 329/02 HANDLEY JA SHELLER JA GILES JA

13 December 2002 JULIA FARR SERVICES INCORPORATED v DUST DISEASES TRIBUNAL OF NEW SOUTH WALES & ANOR

Judgment 1 HANDLEY JA: The claimant has moved for prohibition to restrain further proceedings in the Dust Diseases Tribunal on the ground that the Tribunal no longer has jurisdiction over it following the plaintiff's action in discontinuing her claim in the same proceedings against BI Contracting Pty Limited, which had an established nexus with New South Wales. 2 The plaintiff resides in South Australia. The alleged tort, if it occurred, occurred in South Australia. The damage occurred in South Australia and the remaining defendant in the proceedings is resident and domiciled in South Australia and has no relevant connection with this State. Nevertheless for the reasons given in Goliath Portland Cement Co Limited v Bengtell (1994) 33 NSWLR 414 at 417 by Gleeson CJ, and in particular the paragraphs at D and E on that page, the Court is satisfied that the Dust Diseases Tribunal has relevantly the jurisdiction previously, vested in and exercisable by the Supreme Court over dust diseases cases and there is no requirement that the cause of action have any nexus with the State. The claimant was served outside the State in accordance with State law. It entered an unconditional appearance and has participated in the proceedings in the Dust Diseases Tribunal until earlier this week. 3 The Court is of the view that there is no substance in the application to restrain the Dust Diseases Tribunal and the summons will be dismissed with costs. ******