NSW Caselaw
Reported Decision : 66 NSWLR 400
New South Wales Court of Appeal
CITATION: AMACA PTY LTD v CREMER & ORS [2006] NSWCA 164
HEARING DATE(S): 13 October 2005
JUDGMENT DATE: 28 June 2006
JUDGMENT OF: McColl JA at 1; Basten JA at 104; Brereton J at 132
DECISION: 1. Appeal allowed; 2. Set aside the judgment in favour of the first respondent as against the appellant; 3. In lieu thereof, give judgment for the first respondent against the appellant in the sum of $29,363.25; 4. Set aside the orders as to costs made on 13 May 2004 and 21 December 2004 and in lieu thereof order; (1) Respondents to pay the appellant's costs of the hearing on 10 May 2004 on a party-party basis; (2) Appellant, second, third and fourth respondents to pay the first respondent's costs of the proceedings in the Tribunal and, in the case of the second, third and fourth respondents, on an indemnity basis from 14 May 2004; 5. Respondents to pay the appellant's costs of the appeal; 6. Grant to each respondent a certificate under the Suitors' Fund Act 1951 if otherwise entitled
CATCHWORDS: Dust Diseases - Dust diseases legislation - Dust Diseases Tribunal - Damages for non-economic loss after plaintiff's death - Plaintiff dies after instituting proceedings in Dust Diseases Tribunal – Estate joins additional defendant after plaintiff's death – Whether damages for non-economic loss are recoverable against defendant added by amendment after plaintiff's death - Law Reform (Miscellaneous Provisions) Act 1944 (NSW), s 2(2)(d) — Dust Diseases Tribunal Act 1989 (NSW), s 12B
Administration and Probate Act 1958 (Vic), s29(2A) Administration and Probate (Dust Diseases) Act 2000 (Vic) Dust Diseases Tribunal Act 1989 (NSW), ss 10, 11, 11A, 12, 12A, 12B, 12C, 12D, 17, 23, 25, 25A, 25B, 32 Dust Diseases Tribunal Rules, r 2 Interpretation Act 1987, s33 LEGISLATION CITED: Law Reform (Miscellaneous Provisions) Act 1944 (NSW), s 2 Law Reform (Miscellaneous Provisions) Act 1946 (NSW), s 5 Limitation Act 1969, s 26 Supreme Court Act 1970, s 75A Supreme Court Rules 1970 (NSW), Pt 8, rr 2, 8, 10, 11(3), Pt 20, r 1, r 4 Uniform Civil Procedure Rules 2005 (NSW), rr 6.24, 6.28 Workers Compensation Legislation Amendment (Dust Diseases and Other Matters) Act 1998 (NSW), Sched 2 and 3, cl 8
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