Robertson v The Zinc Corporation Pty Ltd [2005] NSWCA 372

New South Wales Court of Appeal

CITATION: Robertson v The Zinc Corporation Pty Ltd [2005] NSWCA 372

HEARING DATE(S): 28 July 2005

JUDGMENT DATE: 31 October 2005

JUDGMENT OF: Santow JA at 1; Mathews AJA at 62

DECISION: Leave to appeal denied. Claimant to pay opponent's costs.

CATCHWORDS: PROCEDURE - leave to appeal against denial of extension of limitation period to bring an action for noise-induced hearing loss claimant contends he suffered in the course of his employment between 1954 to 1978 - whether the absence of a particular witness was significantly prejudicial to the opponent - whether the primary judge failed to have regard to other available evidence.

LEGISLATION CITED: Limitation Act 1969 of NSW s60G(2)

BHP Steel (AIS) Pty Ltd v Dimitrioski, NSWCA, 7 March 1997 Brisbane South Regional Health Authority v Taylor (1996) 186 CLR 541 Cowie v State Electricity Commission of Victoria [1964] VR 788 Holt v Wynter (2000) 49 NSWLR 128 Jones v Royal Hospital for Women [1998] NSWCA 384 CASES CITED: McLean v Sydney Water Corp [2001] NSWCA 122 Parsons v Doukas (2001) 52 NSWLR 162 Salido v Nominal Defendant (1993) 32 NSWLR 524 South Western Sydney Area Health Service v Gabriel [2001] NSWCA 477 Sydney City Council v Zegarac (1998) 43 NSWLR 195

Robert James ROBERTSON (Claimant) PARTIES: THE ZINC CORPORATION PTY LTD (Opponent)

FILE NUMBER(S): CA 41021/03

K W ANDREWS (Claimant) COUNSEL: G R GRAHAM (Opponent)

Sowden Akerman (Claimant) SOLICITORS: Cutler Hughes & Harris (Opponent)