QBE WORKERS COMPENSATION (NSW) LIMITED v BAE SYSTEMS REGIONAL AIRCRAFT LIMITED (FORMERLY BRITISH AEROSPACE COMMERCIAL AIRCRAFT LIMITED) COMPANY [2006] NSWCA 131

New South Wales Court of Appeal

CITATION: QBE WORKERS COMPENSATION (NSW) LIMITED v BAE SYSTEMS REGIONAL AIRCRAFT LIMITED (FORMERLY BRITISH AEROSPACE COMMERCIAL AIRCRAFT LIMITED) COMPANY [2006] NSWCA 131

HEARING DATE(S): 19 May 2006

JUDGMENT DATE: 19 May 2006

JUDGMENT OF: Spigelman CJ at 1; Tobias JA at 25; McColl JA at 26

EX TEMPORE JUDGMENT DATE: 05/19/2006

DECISION: 1. Leave to appeal granted. Notice of appeal to be filed within 7 days; 2. Appeal allowed; 3. Set aside the orders of Howie J on 24 March 2005; 4. Strike out the words "contained tirorthocresyl phosphate which" in par [6] of the Statement of Claim; 5. Dismiss the Respondent's Notice of Motion filed on 20 April 2004; 6. The time for filing any motion under Part 12 r 11 be extended to 28 days from today's date; 7. If within the 28 day period referred to in Order 6 the opponent does not file a Notice of Motion, the Appellant is granted leave to proceed under Part 11 r 4 of the Uniform Rules.

CATCHWORDS: Practice and Procedure – Appeal – Whether statement of claim an abuse of process

LEGISLATION CITED: Workers Compensation Act 1987, s151Z(1)(d) Supreme Court Rules, Part 10 r 1A

CASES CITED: Agar v Hyde (2000) 201 CLR 552 Chew v Eastwest Airlines Ltd (Unreported, Compensation Court of New South Wales, Moran J, 28 April 1999)

PARTIES: QBE Workers Compensation (NSW) Limited (Claimant) BAE Systems Regional Aircraft Limited (Opponent)

FILE NUMBER(S): CA 40315/2005

COUNSEL: PM Wood, DPM O'Dowd (Claimant) AS Bell, CP Carter (Opponent)

SOLICITORS: Gillis Delaney Lawyers (Claimant) Norton White (Opponent)