NSW Caselaw
New South Wales Supreme Court
CITATION : Kathy Craddock & Ors v Bluescope Steel (AIS) Pty Limited [2006] NSWSC 311
HEARING DATE(S) : 19 April 2006
JUDGMENT DATE : 27 April 2006
JURISDICTION : Common Law Division
JUDGMENT OF : Associate Justice Malpass at 1
DECISION : The statements of claim filed in proceedings 20173 of 2003, 20174 of 2003, 20175 of 2003, 20176 of 2003 and 20177 of 2003 are each struck out; the costs in each proceedings are to be paid by the plaintiffs in those proceedings.
CATCHWORDS : Claims for nervous shock brought by close members of the family of an injured worker alleging fault against his employer - application of damages provisions of workers compensation legislation - pre-litigation process - striking out of statements of claim.
Supreme Court Rules 1970 Uniform Civil Procedure Rules 2005 LEGISLATION CITED : Workers Compensation Act 1926 Workers Compensation Act 1987 Workplace Injury Management and Workers Compensation Act 1988
Forstaff Blacktown Pty Limited v Brimac Pty Limited & Anor; Brimac Pty Limited v Johnston & Anor [2005] NSWCA 423 Gifford v Strang Patrick Stevedoring Pty Limited (2003) 214 CLR 269 Gifford & Ors v Strang Patrick Stevedoring Pty Limited [2001] NSWCA 175 CASES CITED : Manufacturers Mutual Insurance Ltd v Hooper (1987) Aust Torts Reports 80-093 Project Blue Sky Inc v Australian Broadcasting Authority (1998) 72 ALJR 841 Rheem Australia Ltd v Manufacturers Mutual Insurance Ltd [1984] 2 NSWLR 370 Thompson v Kimberly-Clark Australia Pty Limited [2005] NSWSC 1009 Workers Compensation Board (Qld) v Technical Products Pty Ltd (1988) 165 CLR 642
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