NSW Caselaw
New South Wales Court of Appeal
CITATION: AMACA PTY LTD v EVANS & ANOR [2010] NSWCA 8
HEARING DATE(S): 16/11/2009
JUDGMENT DATE: 4 March 2010
JUDGMENT OF: Basten JA at 1; Handley AJA at 36; Sackville AJA at 62
DECISION: 1. Summons for leave to appeal dismissed. 2. Applicant to pay the costs of the respondent Mr Evans.
CATCHWORDS: COURT OF APPEAL - leave to appeal - application to Dust Diseases Tribunal for leave to amend by adding new defendant - claim based on alleged asbestos exposure from 1942 to 1990 - discretionary considerations - no question of principle - DUST DISEASES TRIBUNAL - leave to amend by adding new defendant - part of claim very stale - prejudice to proposed defendant - no question of principle.
Civil Procedure Act 2005 (NSW), LEGISLATION CITED: Dust Diseases Tribunal Act 1989 (NSW) Supreme Court Act 1970 (NSW)
CATEGORY: Principal judgment
CASES CITED: Batistatos v Roads & Traffic Authority of New South Wales [2006] HCA 27; 226 CLR 256 HIA Insurance Services Pty Ltd v Kostas [2009] NSWCA 292
Amaca Pty Limited - Applicant/Appellant PARTIES: Keith Henry Evans - First Respondent Queanbeyan City Council - Second Respondent
FILE NUMBER(S): CA 40369/09
D J Russell SC - Applicant COUNSEL: G F Little SC and A Guirtalis - 1st Respondent T L Sharpe and P Kerr - 2nd Respondent
DLA Phillips Fox - Applicant SOLICITORS: Denniston & Day - 1st Respondent Thompson Cooper Lawyers - 2nd Respondent
LOWER COURT JURISDICTION: Dust Diseases Tribunal of New South Wales
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