NSW Caselaw
New South Wales Court of Appeal
BLUESCOPE STEEL LIMITED v DE CAIRES; ABB EPT MANAGEMENT LIMITED v DE CAIRES & ANOR [2005] NSWCA 431 CITATION: This decision has been amended. Please see the end of the judgment for a list of the amendments.
HEARING DATE(S): 21 November 2005
JUDGMENT DATE: 21 November 2005
JUDGMENT OF: Mason P at 1; Handley JA at 41; Hodgson JA at 42
DECISION: Each Summons dismissed with costs.
CATCHWORDS: Limitation of actions - work accident - initial unfavourable advice about proceeding against occupier - evidence coming to light later - primary judge refuses, then later grants extension - principle in Itek Graphix - whether prejudice stemming from unidentified witnesses (ND)
Workers Compensation Act 1987 LEGISLATION CITED: Factories Shops and Industries Act 1962 Limitation Act 1969
Nominal Defendant v Manning (2000) 50 NSWLR 139 CASES CITED: Itek Graphix Pty Ltd v Elliott (2002) 54 NSWLR 207 House v The King (1936) 55 CLR 499
BLUESCOPE STEEL LIMITED v AURELIO DE CAIRES; PARTIES: ABB EPT MANAGEMENT LIMITED v AURELIO DE CAIRES
FILE NUMBER(S): CA 41166/2004; 41179/2004
Claimants: D Ronzani COUNSEL: Opponent: L Morris QC/ S Longhurst
Claimants: Blake Dawson Waldron SOLICITORS: Opponent: Russell McLelland Brown
LOWER COURT JURISDICTION: District Court
LOWER COURT FILE NUMBER(S): DC 88/2002
LOWER COURT JUDICIAL OFFICER: Phelan DCJ
IN THE SUPREME COURT OF NEW SOUTH WALES COURT OF APPEAL CA 41166/2004 CA 41179/2004
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